Cap. 16 Art. 47AWithdrawal from the community of acquests to enable a party to reside outside the matrimonial home.

(1) When in accordance with article 46, during the time when the cause for separation is pending, one of the parties leaves the matrimonial home, such party may, both before and after leaving the matrimonial home, request the court to authorise that a reasonable amount of expenses which the said party shall have incurred or is going to incur in order to reside elsewhere be withdrawn from the community of acquests without the need of consent of the other party, and the requesting party shall also be exempt from the obligation to obtain the consent of the other party in order to enter into a lease agreement or into another agreement for the temporary occupation of such alternative residence.

(2) The Court shall accede to a request made in terms of sub-article (1) only if in its opinion the following conditions are satisfied:

(a) the departure from the matrimonial home and the expenses incurred or to be incurred for the purpose are justified and proportionate to all the circumstances of the parties;

(b) the amount of expenses requested to be withdrawn from the community of acquests shall be disbursed from funds directly received or in the possession of the party making the request;

(c) the expenses are to be incurred for the benefit of the party making the request and, if applicable, of the children of such party: Provided that if another person is also to benefit from the said expenses, the authorised amount may be reduced in such manner as the court considers proportionate in the circumstances.

(3) The authorisation of the court granted under this article may be made subject to conditions as the court considers appropriate which may also include conditions on the effect of such authorisation on the eventual dissolution of the community of acquests.