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Section 9 Proceedings before divorce order has been made final: general powers of court.F9

England and Wales

(1)

Where a F1divorce order has been made but not made final, then, without prejudice to section 8 above, any person (excluding a party to the proceedings other than the Queen’s Proctor) may show cause why the F2order should not be made final by reason of material facts not having been brought before the court; and in such a case the court may—

(a)

notwithstanding anything in F3section 1(4) above (but subject to F4section 10(2) to (4) F5... below) make the order final; or

(b)

rescind the F6order; or

(c)

require further inquiry; or

(d)

otherwise deal with the case as it thinks fit.

(2)

F7Where a divorce order has been made on an application by one party to a marriage and that party has not applied for the order to be made final, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, F8the other party to the marriage may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.

Annotations

Textual amendments

F1

Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2

F2

Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2

F3

Words in s. 9(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(c) (with s. 8(4)); S.I. 2022/283, reg. 2

F4

Word in s. 9(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(3)(a), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

F5

Words in s. 9(1)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(3)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

F6

Word in s. 9(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(d) (with s. 8(4)); S.I. 2022/283, reg. 2

F7

Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(i) (with s. 8(4)); S.I. 2022/283, reg. 2

F8

Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2

F9

Words in s. 9 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(a) (with s. 8(4)); S.I. 2022/283, reg. 2