Rule 2.53 Decree absolute [ or final order] on application
Northern Ireland
In the following cases an application for a decree nisi to be made absolute [f1 or a conditional order to be made final] shall be made to the judge by summons, that is to say—
[f2 in a matrimonial cause] where, within 6 weeks after a decree nisi has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, 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requires more time to decide whether to show cause against the decree being made absolute and the notice has not been withdrawn, [f3...]
f4 in a civil partnership cause where, within 6 weeks after a conditional order has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or]
where there are other circumstances which in the opinion of the Master ought to be brought to the attention of the court before the decree nisi is made absolute [f5 or the conditional order is made final].
Unless the court otherwise directs, the summons shall be served on every party to the cause (other than the applicant) and, in a case to which sub-paragraph (a), [(c) or (aa)] applies, on the Crown Solicitor.
f6An application—
by a spouse for a decree nisi pronounced against him to be made absolute may be made to the judge or the Master by summons to be served on the other spouse not less than 7 clear days before the day on which the application is to be heard, or
by a civil partner for a conditional order pronounced against him to be made final may be made to the judge or the Master by summons to be served on the other civil partner not less than 7 clear days before the day on which the application is heard.]
Annotations
Footnotes
- f1
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f2
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f3
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Word omitted by S.R. 2005 No. 497 with effect from 05.12.05
- f4
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Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f5
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f6
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Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05
- f7
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
Notes on Part II
Footnotes
- f1
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05