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 30 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. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
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