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FAMILY LAW ACT 1975 - SECT 55

When divorce order takes effect

             (1)  Subject to this section, a divorce order made under this Act takes effect by force of this section:

                     (a)  at the expiration of a period of 1 month from the making of the order; or

                     (b)  from the making of an order under section 55A;

whichever is the later.

             (2)  If a divorce order has been made in any proceedings, the court of first instance (whether or not it made the order), 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)  make an order extending the period at the expiration of which the divorce order will take effect, having regard to the possibility of an appeal or further appeal; or

                     (b)  make an order reducing the period at the expiration of which the divorce order will take effect if it is satisfied that there are special circumstances that justify its so doing.

             (3)  If an appeal is instituted (whether or not it is the first appeal) before a divorce order has taken effect, then, notwithstanding any order in force under subsection (2) at the time of the institution of the appeal but subject to any such order made after the institution of the appeal, the divorce order, unless reversed or rescinded, takes effect by force of this section:

                     (a)  at the expiration of a period of 1 month from the day on which the appeal is determined or discontinued; or

                     (b)  on the day on which the divorce order would have taken effect under subsection (1) if no appeal had been instituted;

whichever is the later.

             (4)  A divorce order does not take effect by force of this section if either of the parties to the marriage has died.

             (5)  In this section:

"appeal " , in relation to a divorce order, means:

                     (a)  an appeal, or an application for leave to appeal, against:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                     (b)  an intervention, or an application for a re-hearing, relating to:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                     (c)  an application under section 57 or 58 for rescission of the divorce order, or an appeal or application for leave to appeal arising out of such an application; or

                     (d)  a review by the Family Court of Australia of the making, by a Registrar or a Judicial Registrar of that Court, of:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                            (iii)  an order determining an application under section 57 or 58 for rescission of the divorce order; or

                     (e)  a review by the Federal Circuit Court of Australia of the making, by a Registrar of that Court, of:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                            (iii)  an order determining an application under section 57 or 58 for rescission of the divorce order; or

                      (f)  a review by the Family Court of Western Australia of the making, by the Principal Registrar, a Registrar, or a Deputy Registrar, of that Court of:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                            (iii)  an order determining an application under section 57 or 58 for rescission of the divorce order.

             (6)  For the purposes of this section, where an application for leave to appeal, or for a re-hearing, is granted, the application shall be deemed not to have been determined or discontinued so long as:

                     (a)  the leave granted remains capable of being exercised; or

                     (b)  an appeal or re-hearing instituted in pursuance of the leave is pending.



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