Section 58 Matrimonial Causes Act 1970

Section 58 of the Matrimonial Causes Act 1970 is about When decree becomes absolute. It provides as follows:

(1) Subject to this section, where in relation to a decree nisi-
(a) section 57 above applies, the decree nisi shall become absolute by force of this section at the expiration of- (i) a period of three months from the making of the decree; or (ii) a period of twenty eight days from the making of an order under subsection (1) of that section, whichever is the later; and

(b) section 57 of this Act does not apply, the decree nisi shall become absolute by force of this section upon the expiration of a period of three months from the making of the decree.

(2) Where a decree nisi has been made in any proceedings, the court of first instance (whether or not it made the decree), or a court in which an appeal has been instituted, may, either before or after it has disposed of the proceedings or appeal, and whether or not a previous order has been made under this subsection-
(a) having regard to the possibility of an appeal or further appeal, make an order extending the period at the expiration of which the decree nisi will become absolute; or

(b) if it is satisfied that there are special circumstances which justify its so doing, make an order reducing the period at the expiration of which the decree nisi will become absolute.

(3) Where an appeal is instituted (whether or not it is the first appeal) before a decree nisi has become absolute, then, notwithstanding any order in force under the last preceding subsection at the time of the institution of the appeal, the decree nisi, unless reversed or rescinded, shall become absolute by force of this section-
(a) at the expiration of a period of twenty-eight days from the day on which the appeal is determined or discontinued; or

(b) on the day on which, in the particular circumstances, the decree would have become absolute under subsection (1) above if no appeal had been instituted, whichever is the later.

(4) A decree nisi shall not become absolute by force of this section where either of the parties to the marriage has died.
(5) In this section, “appeal”, in relation to a decree nisi, means-
(a) an appeal, application for leave to appeal or intervention, against or arising out of- (i) the decree nisi, or (ii) an order under the last preceding section in relation to the proceedings in which the decree nisi was made; or

(b) an application under section 60 or 61 of this Act for rescission of the decree or an appeal or application for leave to appeal arising out of such an application.

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