Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 65A

Decree absolute on joint application

(1) (a) Subject to paragraph (3), an application to make absolute a decree
nisi pronounced in favour of applicants in a joint  application may be made by
either of the joint applicants concerned by lodging with the registrar a
notice in Form 5A.

   (b)  Where a notice is lodged pursuant to subparagraph (a), the joint
        applicant by whom the notice is lodged shall notify the other joint
        applicant in writing of the fact that such notice was given.

(2) (a) Where a notice under paragraph (1) is lodged, the registrar shall
search the court minutes and if he is satisfied-

        (i)    that no intervention under rule 61 or 62 is pending; and

        (ii)   that the judge has made an order under section 18(1) of the
               Matrimonial Proceedings and Property Ordinance ( Cap 192), the
               registrar shall make the decree absolute.

   (b)  If notice pursuant to paragraph (1)(a) is lodged more than 12 months
        after the relevant order under section 18(1) of the Matrimonial 
        Proceedings and Property Ordinance ( Cap 192) is made, the registrar
        may require the applicant concerned to file an affidavit explaining
        the delay and may make such order on the application as he thinks fit
        or refer the application to a judge.

(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.

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

(5) Where a decree nisi is made absolute, the registrar shall endorse the
decree to that effect, stating the date on which it was made absolute. (L.N.
172 of 1996)