If a party to an Application for Divorce (Form 3) dies after the divorce order nisi is made but before the order becomes absolute, the surviving party must inform the Registry Manager of the death of the other party by filing:

(a)

the death certificate of the deceased party; or

(b)

an affidavit stating the details of the deceased party's date and place of death.

Summary of Chapter 4
Chapter 4 sets out rules about:
* the general procedure for starting a case by a Form 1 seeking final orders, for example, an Application for Property Settlement or Parenting Orders; and
* the procedure for starting specific applications such as an Application relying on cross-vesting laws, for a medical procedure, maintenance, child support or a declaration as to validity of a marriage.
Before starting a case, you must comply with the court's pre-action procedures (see subrule 1.05 (1) and Schedule 1).
You may also need to refer to other Chapters in these Rules when making an application, in particular, Chapters 6, 7 and 24. The flow chart at the beginning of Chapter 12 sets out the procedure that applies to an Application for Final Orders, other than applications mentioned in Part 4.2.
Note
This Chapter does not apply to:

(a) an Application for Divorce (see Chapter 3);
(b) an Application for an Interim or Procedural Order or other incidental order relating to an Application for Final Orders (see Chapter 5);
(c) an Application for Review of a Judicial Registrar's or a Registrar's Order (see Chapter 18);
(d) an Application to enforce an obligation to pay money (see Chapter 20);
(e) an Application resulting from a contravention of an order or in relation to contempt (see Chapter 21);
(f) an Application relating to an appeal (see Chapter 22); or
(g) an appeal (see Chapter 22).

The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.