# The Family Proceedings Rules (Northern Ireland) 1996, Rule 2.52: Decree absolute [ or final order] on lodging notice

Extent: N.I.

[(1 Subject to rule 2.53(1), an application by—
(a) a spouse to make absolute a decree nisi pronounced in his favour, or
(b) a civil partner to make final a conditional order made in his favour,
may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.]
(2) On the lodging of such a notice, the proper officer or chief clerk, as the case may be, shall search the court records and if he is satisfied—
(a) that no appeal against the decree [ or the conditional order] and no application for rescission of the decree [ or the conditional order] is pending;
(b) that no order has been made by the Court of Appeal extending the time for appealing against the decree [ or the conditional order] or, if any such order has been made, that the time so extended has expired;
(c) that no application for such an order as is mentioned in sub-paragraph (b) is pending;
(d) that no intervention under rule 2.49 or 2.50 is pending;
(e) [if the cause is a matrimonial cause,] that the court has complied with Article 44(1) of the Order of 1978 and has not given any direction under Article 44(2);
[(ea if the cause is a civil partnership cause, that the court has complied with section 186(1) of the Act of 2004 and has not given any direction under section 186(2) of that Act;]
(f) where a certificate has been granted under section 12 of the Administration of Justice Act 1969 in respect of the decree [ or the conditional order, as the case may be]—
(i) that no application for leave to appeal directly to the House of Lords is pending;
(ii) that no extension of the time to apply for leave to appeal directly to the House of Lords has been granted or, if any such extension has been granted, that the time so extended has expired; and
(iii) that the time for any appeal to the Court of Appeal has expired; [...]
(g) [if the cause is a matrimonial cause, ] that the provisions of Article 12(2) to (4) of the Order of 1978 do not apply or have been complied [ with;]
[(h if the cause is a civil partnership cause, that the provisions of section 172(2) to (5) of the Act of 2004 do not apply or have been complied with;
(i) where the decree nisi was pronounced on the ground in Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to the Order of 1978—
(i) that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted;
(ii) that that interim certificate has not been revoked under section 8(6)(b) of that Act; and
(iii) that no appeal is pending against an order under section 8(6)(a) of that Act,]
the Master shall make the decree absolute [ or the conditional order final].
Provided that if the notice is lodged more than 12 months after the decree nisi [ or conditional order], the Master may require the applicant to file an affidavit accounting for the delay and may make the decree absolute [ or the conditional order final] if he thinks fit or refer the application to the judge.

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Source: https://www.legislation.gov.uk/nisr/1996/322/rule/2.52 (the official version)
Page: https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.52
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.