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14 August 2013
Issue: 7573 / Categories: Features , Judicial line
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Doubles

If there have been cross decrees for dissolution, should separate decrees nisi be perfected by the court...

Q If there have been cross decrees for dissolution, should separate decrees nisi be perfected by the court and what procedure should be followed on decree absolute? Which decree should be referred to in the latter?

A Where a divorce case is proceeding on the basis of cross-decrees (either in the same proceedings or on consolidated petitions), the decrees nisi should be recorded in one document. Each party is then entitled to apply for decree absolute on the basis of their own decree. Only one decree absolute can be made and provided both parties have applied for decree absolute, the certificate of decree absolute should refer to both decrees.

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