(1) Every decree of divorce or of nullity of marriage (in this section and in section 16(1)(b) referred to as a “decree nisi”) shall in the first instance be a decree nisi and shall not be made absolute before the expiration of 6 months from its grant, unless the Court by general or special order from time to time fixes a shorter period.Editor's note: Divorce (Amendment) Act, 1974(Act 25 of 1974) repealed subsection (1) and substituted the following, but that Act has not been brought into force:“Every decree of divorce or of nullity in respect of proceedings under this Act or of presumption of death and dissolution of marriage as provided for in the Civil Code (in this section and in section 16(1) (b) referred to as a decree nisi) shall be in the first instance a decree nisi and shall not be made absolute before the expiration from its grant of a period of three months or such other period as may be fixed by rules of Court, unless the Court by special order fixes a shorter period in any particular case.”
(2) Where a decree nisi has been granted but not made absolute, then, without prejudice to subsection (1), any person (excluding a party to the proceedings, other than the Attorney General) 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) despite anything in subsection (1), make the decree absolute; or
(b) rescind the decree nisi; or
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit.
(3) Where a decree nisi 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 one month 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 subsection (2)(a) to (2)(d).
(Amended by Act 25 of 1974)