Dating during decree nisi of divorce
Additionally, it may be that the petitioner is satisfied as to the level and extent of financial disclosure made by the respondent and it is possible to see whether there is any likelihood of his or her position being prejudiced.If there is, or so that there is clarity and certainty, it may always be better to clarify the position concerning pronouncement of the decree absolute and dissolution of the marriage before the proceedings are issued.USP Home » About USP » Campuses » Emalus Campus » About Emalus Campus » Library » Services » Library Links and Document Collections » Fiji Legislation and Law Reports » FLR Contents and Indices » Fiji Law Reports Volume 45 Cases  45 FLR 310 HIGH COURT OF FIJI ISLANDS ALIPATE KARIKARI v. Eventually after numerous adjournments and several unsuccessful attempts to obtain bail, the trial began on New Years eve and lasted for five days spread over a fortnight in January 1999.THE STATE [HIGH COURT, 1999 (Pathik J) 6 December] Appellate Jurisdiction Crime: defences- unlawful carnal knowledge with minor- statutory defence to be raised- Penal Code (Cap. An unrepresented accused pleaded guilty to unlawful sexual intercourse with a girl aged between 13 and 16. During the trial at which the appellants were unrepresented, the prosecution called three civilian witnesses, - the complainant, her mother, and a former head teacher of the school which the complainant attended; and the interviewing and charging officers who exhibited the appellants caution interview records (Exs.3 & 7) and charge statements (Exs.6 & 8) respectively.
The husband agreed and gave an undertaking to provide 14 days’ notice of his application for decree absolute.
Section 9(2) of the Matrimonial Causes Act 1973 (MCA 1973) is the provision which allows the party against whom the decree nisi has been pronounced to seek to have it made absolute at the expiration of the three-month period from the earliest date on which the petitioner could make the application.
MCA 1973, s 9(2) says that the court may exercise its powers to delay the pronouncement of decree absolute and so the power is discretionary.
If the petitioner chooses not to obtain the decree absolute, then it is open to the respondent to apply once three months have passed from the date the petitioner could first apply—ie the six week period—so in effect four-and-a-half months from the date of pronouncement of the decree nisi.
In practice, where the financial claims of the parties have not been settled or adjudicated and a substantive financial order made, no application for the decree to be made absolute should be made if it would prejudice one party’s financial position for example, leaving a party unable to claim benefits under a pension scheme, if in the event of a death after decree absolute but before the financial order is made following pronouncement of the decree absolute they are no longer the spouse.