A nisi decree is a preliminary court ruling that can become final unless contested within a specified timeframe. It is commonly utilised in divorce proceedings. Once the allotted time has elapsed, the decree becomes absolute and unalterable. Various types of decrees exist, such as those pertaining to child custody, property distribution following a person’s death, and the annulment of a marriage.
A nisi decree is a court order that is not yet final and can be changed or reversed, especially in a matrimonial case. It becomes absolute unless the adversely affected party shows the court, within a specified time, why it should be set aside. For example, in a divorce case, a nisi decree is issued by the court, indicating that the divorce is not yet final and can be challenged by either party within a certain time frame. If no objections are raised, the decree becomes absolute and the divorce is finalized. This example demonstrates how a nisi decree is a temporary court order that allows both parties to contest the decision before it becomes final.
A Nisi Decree is a provisional court order that grants a divorce but does not finalize it. It sets out the terms of the divorce, such as child custody, spousal support, and property division, but the divorce is not officially granted until the Nisi Decree becomes absolute.
A Nisi Decree typically lasts for a specified period, usually around six weeks to six months, depending on the jurisdiction. After this period, the Nisi Decree can become absolute, finalizing the divorce.
No, you cannot remarry until the Nisi Decree becomes absolute. Until then, you are still legally married, and entering into a new marriage would be considered bigamy, which is a criminal offense.
Yes, you can contest a Nisi Decree if you believe there are grounds for appeal or if you disagree with the terms set out in the decree. However, it is important to consult with a family law attorney to understand the specific requirements and procedures for contesting a Nisi Decree in your jurisdiction.
Yes, the terms of a Nisi Decree can be modified if there is a significant change in circumstances. For example, if there is a change in income or if one party fails to comply with the terms of the decree, you may seek a modification through the court.
Once the Nisi Decree becomes absolute, the divorce is finalized, and both parties are legally free to remarry. The terms set out in the Nisi Decree, such as child custody and support, spousal support, and property division, become legally binding.
In most cases, you cannot appeal a Nisi Decree becoming absolute. Once the specified period has passed, and no appeal has been filed, the divorce becomes final. However, if there are exceptional circumstances, such as fraud or a significant error in the proceedings, you may seek legal advice to explore your options.
If one party fails to comply with the terms of the Nisi Decree, the other party can seek enforcement through the court. This may involve filing a motion for contempt or seeking a modification of the decree to address the non-compliance.
In general, a Nisi Decree cannot be revoked unless there are exceptional circumstances, such as fraud or a significant error in the proceedings. It is important to consult with a family law attorney to understand the specific requirements and procedures for revoking a Nisi Decree in your jurisdiction.
While it is possible to obtain a Nisi Decree without legal representation, it is highly recommended to consult with a family law attorney. Divorce proceedings can be complex, and having an attorney can ensure that your rights and interests are protected throughout the process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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