Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 55

55. (1) Subject to this section, a decree nisi made under this Act becomes
absolute by force of this section at the expiration of a period of 1 month
from the making of the decree or from the making of an order under section 63,
whichever is the later.

(2) Where a decree nisi has been made in any proceedings, the court of first
instance (whether or not it made the decree), or a court in which an appeal
has been instituted, may, either before or after it has disposed of the
proceedings or appeal, and whether or not a previous order has been made under
this sub-section-

   (a)  having regard to the possibility of an appeal or further appeal, make
        an order extending the period at the expiration of which the decree
        nisi will become absolute; or

   (b)  if it is satisfied that there are special circumstances that justify
        its so doing, make an order reducing the period at the expiration of
        which the decree nisi will become absolute.

(3) Where an appeal is instituted (whether or not it is the first appeal)
before a decree nisi has become absolute, then, notwithstanding any order in
force under sub-section (2) at the time of the institution of the appeal but
subject to any such order made after the institution of the appeal, the decree
nisi, unless reversed or rescinded, becomes absolute by force of this section-

   (a)  at the expiration of a period of 1 month from the day on which the
        appeal is determined or discontinued; or

   (b)  on the day on which the decree would have become absolute under
        sub-section (1) if no appeal had been instituted, whichever is the
        later.

(4) A decree nisi shall not become absolute by force of this section where
either of the parties to the marriage has died.
(5) In this section, ''appeal'', in relation to a decree nisi, means-

   (a)  an appeal or application for leave to appeal against, or an
        intervention or application for a re-hearing relating to-

        (i)    the decree nisi; or

        (ii)   an order under section 63 in relation to the proceedings in
               which the decree nisi was made; or

   (b)  an application under section 57 or 58 for recission of the decree or
        an appeal or application for leave to appeal arising out of such an
        application.

(6) For the purposes of this section, where an application for leave to
appeal, or for a re-hearing, is granted, the application shall be deemed not
to have been determined or discontinued so long as-

   (a)  the leave granted remains capable of being exercised; or

   (b)  an appeal or re-hearing instituted in pursuance of the leave is
        pending.