Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 65

Decree absolute

(Past version on 30/06/1997).

(1) Subject to paragraph (3), an application by a spouse to make absolute a
decree nisi pronounced in his favour may be made by lodging with the registrar
a notice in Form 5.

(2) On the lodging of such a notice, the registrar shall search the court
minutes and if he is satisfied-

   (a)  that no appeal against the decree and no application for re-hearing of
        the cause or for rescission of the decree is pending;

   (b)  that no order has been made by the Court of Appeal extending the time
        for appealing against the decree or by a judge extending the time for
        making an application for re-hearing of the cause 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 61 or 62 is pending;

   (e)  that the judge has made an order under section 18(1) of the
        Matrimonial Proceedings and Property Ordinance ( Cap 192);

   (g)  that the provisions of section 17A of the Ordinance do not apply or
        have been complied with, the registrar shall make the decree absolute:
        Provided that if the notice is lodged more than 12 months after the
        decree nisi, the registrar may require the applicant to file an
        affidavit accounting for the delay and may make such order on the
        application as he thinks fit or refer the application to a judge.
        (L.N. 135 of 1972)

(3) Where there are circumstances which ought to be brought to the notice of
the court before a decree nisi is made absolute, an application for the decree
to be made absolute shall be made to a judge. Unless otherwise directed, the
summons by which the application is made

(or, where the cause is pending in the District Court, notice of the
application) shall be served on every party to the cause (other than the
applicant) and on any other person with whom adultery is alleged, and the
application shall be heard in open court. (L.N. 26 of 2002)

(4) An application by a spouse for a decree nisi pronounced against him to be
made absolute may be made to a judge or the registrar, and the summons by
which the application is made (or, where the cause is pending in the District
Court, notice of the application) shall be served on the other spouse not less
than 4 clear days before the day on which the
application is heard.   (L.N. 26 of 2002)


(5) An order granting an application under paragraph (3) or (4) shall not take
effect until the registrar has searched the court minutes and is satisfied as
to the matters mentioned in paragraph (2).

(6) Where a decree nisi is made absolute, the registrar shall make an
indorsement to that effect on the decree, stating the precise time at which it
was made absolute.