Vines Legal's A-Z of All things Family and Matrimonial; N for Nisi

Welcome to our Alphabet Information Series.  Today’s topic is N for Nisi (Decree Nisi)

What is a Decree Nisi?

The decree nisi (a Latin phrase meaning 'rule, unless') is an interim decree of divorce pronounced when the Court is satisfied that a person has met the legal and procedural requirements to obtain a divorce.  In other words, the Court is satisfied that the marriage has irretrievably broken down. Following the pronouncement of decree nisi, the marriage still exists and you are not yet ‘divorced’.

The person seeking the divorce must then wait at least six weeks and one day after the declaration of the decree nisi before making their application for the decree absolute. This period can only be reduced in certain exceptional circumstances. The applicant can wait up to 12 months to apply for the decree absolute however any longer than that will require an explanation to the Court.  The decree absolute is the final decree which actually dissolves the marriage. Once this has been granted you are ‘divorced’.

Please note the above only applies to ending a marriage. The process for dissolving a civil partnership is virtual the same as obtaining a divorce but some of the terminology is different. Instead of pronouncing a decree nisi, the court grants a conditional order and rather than granting decree absolute, the court grants a final order.

If you have any queries regarding the above information or would like any further advice remember obtaining accurate legal information from the outset can be vital in the resolution of your matter and can make the process less stressful. Call 01246 555610 to arrange a free, no obligation consultation with one of our experienced solicitors.