Marilyn Stowe Blog

Decree Nisi

The decree nisi is a provisional step that means a court is satisfied that the petitioner’s paperwork is in order and that they are entitled to a divorce. It does not end the marriage but rather is a statement to the effect that, if there is no reason to the contrary, the petitioner is entitled to apply for a decree absolute to terminate the marriage. The parties are still able to change their minds about getting divorced. That is why it is called nisi: the Latin term for “unless”.

There is a six week and one day minimum mandatory period between grant of decree nisi and decree absolute, so if a husband and wife do have a change of heart, they will remain married.

The decree nisi is pronounced in court, but it is not necessary for anyone to attend on the occasion. In the case of a civil partnership, the decree nisi is replaced by a conditional order.

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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 25 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK.

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Note

I write for the benefit of those who are experiencing family breakdown and for fellow family law professionals. Please note that all persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients.

Please also note the advice I give in each scenario must not be relied upon by anyone reading my blog. You must always take your own legal advice as your circumstances may be different and English family law is continually changing.

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