Can a matrimonial offence which was the ground for a decree nisi be condoned after the date of the decree?

Saskatchewan, Canada


The following excerpt is from Brown v. Brown, 1970 CanLII 571 (SK QB):

I hold the view that a matrimonial offence which was the ground for a decree nisi is capable of being condoned thereafter — up to the date of the decree absolute. I can see nothing in the words or concept of the Divorce Act to justify another view. The point was thoroughly considered by Cairns J. in Ives v. Ives and Queen’s Proctor, [1968] P. 375, [1967] 3 All E.R. 79. The statute he was considering contained a provision similar to s. 2(d), supra. He said at p. 90: “... condonation occurring after decree nisi is still a bar to the making of the decree absolute ...”

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