The Family Procedure Rules 2010

Applications to make decrees nisi absolute or conditional orders final E+W

7.33.—(1) An application must be made—

(a) in matrimonial proceedings, for the decree nisi to be made absolute; or

(b) in civil partnership proceedings, for the conditional order to be made final,

where the conditions set out in paragraph (2) apply.

(2) The conditions referred to in paragraph (1) are—

(a) the Queen's Proctor gives notice to the court under rule 7.31(6)(a) and has not withdrawn that notice;

(b) there are other circumstances which ought to be brought to the attention of the court before the application is granted; or

(c) the application is made—

(i) in matrimonial proceedings, by the spouse against whom the decree nisi was made; or

(ii) in civil partnership proceedings, by the civil partner against whom the conditional order was made.

[F1 (3) An application under this rule to which paragraph (2)(a) applies must be served on the Queen’s Proctor.]

(4) Where the court orders—

(a) in matrimonial proceedings, a decree to be made absolute under this rule; or

(b) in civil partnership proceedings, a conditional order to be made final under this rule,

that order is not to take effect until the court is satisfied about the matters mentioned in rule 7.32(2)(a) to (i) .

Textual Amendments

F1 Rule 7.33(3) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 15 (with rule 137); S.I. 2014/954, art. 2