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The Family Proceedings Rules (Northern Ireland) 1996

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Decree absolute on lodging notice

2.52.—(1) Subject to rule 2.53(1), an application by a spouse to make absolute a decree nisi pronounced in his favour may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.

(2) On the lodging of such a notice, the proper officer or chief clerk, as the case may be, shall search the court records and if he is satisfied—

(a)that no appeal against the decree and no application 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, 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 2.49 or 2.50 is pending;

(e)that the court has complied with Article 44(1) of the Order of 1978 and has not given any direction under Article 44(2);

(f)where a certificate has been granted under section 12 of the Administration of Justice Act 1969(1) in respect of the decree—

(i)that no application for leave to appeal directly to the House of Lords is pending;

(ii)that no extension of the time to apply for leave to appeal directly to the House of Lords has been granted or, if any such extension has been granted, that the time so extended has expired; and

(iii)that the time for any appeal to the Court of Appeal has expired; and

(g)that the provisions of Article 12(2) to (4) of the Order of 1978 do not apply or have been complied with,

the Master shall make the decree absolute.

Provided that if the notice is lodged more than 12 months after the decree nisi, the Master may require the applicant to file an affidavit accounting for the delay and may make the decree absolute if he thinks fit or refer the application to the judge.

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