(1)Where a decree of divorce has been granted but not made absolute, then, without prejudice to section 8 above, any person (excluding a party to the proceedings other than the Queen’s Proctor) may show cause why the decree should not be made absolute by reason of material facts not having been brought before the court; and in such a case the court may—
(a)notwithstanding anything in section 1(5) above (but subject to [F1section] 10(2) to (4) F2... below) make the decree absolute; or
(b)rescind the decree; or
(c)require further inquiry; or
(d)otherwise deal with the case as it thinks fit.
(2)Where a decree of divorce has been granted and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.
Textual Amendments
F1Word in s. 9(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(3)(a), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)
F2Words in s. 9(1)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(3)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)