§580-46  Final judgment; nunc pro tunc
entry; validation of certain marriages.  Whenever either party to a divorce
action is entitled to a final decree dissolving the bonds of matrimony, but by
mistake, negligence, or inadvertence the final decree has not been entered, the
court on motion of either party or upon its own motion may cause a final decree
to be entered granting the divorce as of the date when the decree could have
been entered.  Upon the entry of the final decree, the parties to the divorce action
shall be deemed to have been restored to the status of single persons as of the
date set forth in the final decree, and any marriage of either party after such
date shall not be subject to attack on the grounds that the marriage was
contracted at a time when the party was undivorced in the divorce action.  The
court may cause a final decree to be entered nunc pro tunc as provided in this
section even though another final decree may have been entered previously but
by mistake, negligence, or inadvertence was not entered as soon as a final
decree could have been entered. [L 1967, c 76, §4; HRS §580-46]



 



Case Notes



 



  Distinction between court's power to enter judgments nunc pro
tunc and power to amend judgments discussed.  53 H. 123, 488 P.2d 537.