Rule 2.50 Decree absolute on application

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 2.50 heading words inserted by Family Proceedings 2005 rule 42(a)
rule 2.50(1) words inserted by Family Proceedings 2005 rule 42(b)(i)
rule 2.50(1) words substituted by Family Proceedings 2005 rule 42(b)(v)
rule 2.50(1) words inserted by Family Proceedings 2005 rule 42(b)(vi)
rule 2.50(1)(a) words inserted by Family Proceedings 2005 rule 42(b)(ii)
rule 2.50(1)(aa) inserted by Family Proceedings 2005 rule 42(b)(iii)
rule 2.50(1)(b) words inserted by Family Proceedings 2005 rule 42(b)(iv)
rule 2.50(2) substituted by Family Proceedings 2005 rule 42(c)

(1)

In the following cases an application for a decree nisi to be made absolute shall be made to a judge, that is to say—

(a)

where the Queen’s Proctor gives to the court and to the party in whose favour the decree was pronounced a notice that he requires more time to decide whether to show cause against the decree being made absolute and the notice has not been withdrawn, or

(b)

where there are other circumstances which ought to be brought to the attention of the court before the decree nisi is made absolute.

Unless otherwise directed, the summons by which the application is made (or, where the cause is pending in a divorce county court, notice of the application) shall be served on every party to the cause (other than the applicant) and, in a case to which sub-paragraph (a) applies, on the Queens Proctor.

(2)

An application by a spouse for a decree nisi pronounced against him to be made absolute may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a divorce county court, notice of the application) shall be served on the other spouse not less than four clear days before the day on which the application is heard.

(3)

An order granting an application under this rule shall not take effect until the district judge has caused the records of the court to be searched and is satisfied as to the matters mentioned in rule 2.49(2).