Practice Directions

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PRACTICE DIRECTION 15.7

DECREE ABSOLUTE

 

1.   Section 15(5) of the Matrimonial Causes Ordinance (Cap.179) provides that no decree of divorce shall be made absolute before the expiration of three months after the decree nisi, unless the Chief Justice by general order, or the court in any particular case, fixes a shorter period. The Matrimonial Causes (Decree Absolute) General Order 1973 which applies to a decree pronounced on or after 3 July 1973 reduced the period of three months to six weeks.

2.  A special order further reducing that period can result, in the case of divorce, in the respondent losing the statutory protection given by s.15C or 17A of the Matrimonial Causes Ordinance (Cap.179). There is also the possibility of an appeal resulting in the rescission of the decree, which might invalidate any remarriage.

3. A special order reducing the interval to less than six weeks, which should rarely be required or desirable, ought to be made only on an application of which notice has been given to all parties and which is supported by all necessary evidence.