A decree nisi (latin for if) is one of the final stages of a divorce procedure in UK law. Essentially, when issued by the court, a decree nisi clearly states that there is no reason for a husband and wife to remain married and that their marriage can be dissolved. A decree nisi is always issued before a decree absolute, being the last stage of a divorce procedure in UK law and the legal document that formally ends a marriage.
Saracens Solicitors divorce solicitor in London have many years of experience in divorce proceedings and will advise you on the specifics of a decree nisi. In most cases, you will not need to attend a hearing for a decree nisi – your London divorce solicitor can represent you and the same applies for your ex-spouse. However, both parties are notified about it, since this decree marks a six-week waiting period that will lead to the final dissolution of your marriage.
What happens next?
After the issue of a decree nisi, where the judge formally acknowledges that there is no reason for the divorce not to go through, your spouse can claim within six weeks that a decree absolute should not be issued. However, this is a rare occurrence and this six-week period is a waiting period until the divorce is finalised.
Decree nisi has other effects though. Though prior to its issue, the court could only deal with maintenance issues, after its issue either spouse can ask the court to make a decision about the property. In most cases, this can be dealt with a Consent Order, a written agreement between both parties, where arrangements regarding the finances are made. If matters cannot be settled between the spouses, then an additional application to the court can be made. Saracens Solicitors divorce solicitor in London will guide you through each step of the procedure, if additional hearings are required.
Issuing a decree absolute
Following the decree nisi, you can apply for a decree absolute after 43 days. If issued, this decree will dissolve your marriage officially. In some cases, however, a judge may reject your decree absolute application and your divorce solicitor in London will advise you on what to do next.