Introduction
Decree Nisi is a crucial step in the process of obtaining a divorce in England and Wales. It is an intermediate stage in the divorce proceedings before the final decree absolute is issued. In this guide, we will walk you through the process of obtaining a decree nisi, the requirements, and what it means for your divorce.
What is Decree Nisi?
Decree Nisi is a court order that confirms the court’s decision that there are grounds for divorce. It does not dissolve the marriage, but it is a significant step towards finalising the divorce. Once the decree nisi is granted, the court will set a date for the final decree absolute to be issued, which will officially end the marriage.
How to Apply for Decree Nisi
In order to apply for a decree nisi, you must have already filed a divorce petition with the court. The process of obtaining a decree nisi typically involves the following steps:
1. Filing the Divorce Petition
The first step in obtaining a decree nisi is to file a divorce petition with the court. This petition sets out the grounds for divorce and any other relevant details. Once the petition is filed, the court will issue a copy to your spouse, who will have the opportunity to respond.
2. Applying for Decree Nisi
Once your spouse has responded to the divorce petition, you can apply for a decree nisi. This involves completing a form known as the “Notice of Application for Decree Nisi” and submitting it to the court along with any supporting documents.
3. Court Hearing
After you have applied for the decree nisi, the court will schedule a hearing to consider your application. In most cases, this is a straightforward administrative process, and you will not be required to attend the hearing in person.
4. Granting of Decree Nisi
If the court is satisfied that there are grounds for divorce, they will grant the decree nisi. This means that they have accepted your reasons for wanting a divorce and have agreed to move forward with the process.
Grounds for Decree Nisi
In order to obtain a decree nisi, you must prove that there are valid grounds for divorce. In England and Wales, the law recognises five grounds for divorce:
1. Adultery
If your spouse has committed adultery and you can prove it, this can be used as grounds for divorce.
2. Unreasonable Behaviour
If your spouse’s behaviour has made it intolerable for you to continue living together, this can be used as grounds for divorce.
3. Desertion
If your spouse has deserted you for a continuous period of at least two years, this can be used as grounds for divorce.
4. Separation
If you and your spouse have been living apart for at least two years and both agree to the divorce, this can be used as grounds for divorce.
5. Separation with Consent
If you and your spouse have been living apart for at least five years, this can be used as grounds for divorce, even if your spouse does not agree to the divorce.
What Happens After Decree Nisi?
Once the decree nisi has been granted, there is a waiting period before the final decree absolute can be issued. During this time, you can make arrangements for the division of assets, finances, and any other matters related to the divorce.
1. Financial Settlement
It is important to reach a financial settlement with your spouse before the final decree absolute is issued. This can include dividing assets, pensions, and any other financial matters.
2. Child Arrangements
If you have children, you will need to make arrangements for their care and upbringing. This can include custody, visitation rights, and child support payments.
3. Final Decree Absolute
Once the waiting period has passed, you can apply for the final decree absolute. This will officially end your marriage and allow you to remarry if you choose to do so.
Conclusion
Decree Nisi is an important step in the divorce process in England and Wales. It confirms that there are valid grounds for divorce and sets the stage for the final decree absolute to be issued. By understanding the process of obtaining a decree nisi and what it means for your divorce, you can navigate the legal proceedings with confidence and clarity.
