In the United Kingdom, a divorce is a legal process that officially ends a marriage. One of the key stages in the divorce process is the granting of a Decree Nisi. This document plays a crucial role in finalising a divorce and marks a significant milestone in the proceedings.
What is a Decree Nisi?
A Decree Nisi is a provisional decree that is issued by the court in divorce proceedings. It is a formal declaration that the marriage has irretrievably broken down and that the court is satisfied that the grounds for divorce have been met. The Decree Nisi does not, however, dissolve the marriage; it is a step towards the final stage of the divorce process.
How is a Decree Nisi Obtained?
In order to obtain a Decree Nisi, one party to the marriage (the petitioner) must file a divorce petition with the court. The petition must set out the grounds for divorce, which in the UK are adultery, unreasonable behaviour, desertion, two years separation with consent, and five years separation without consent.
Once the petition has been filed, the court will issue the petition to the other party (the respondent), who will have the opportunity to respond to the allegations made in the petition. If the respondent agrees to the divorce, the parties can apply for a Decree Nisi to be granted.
The Role of a Decree Nisi in Finalising a Divorce
Once a Decree Nisi has been granted, the court will set a date for the pronouncement of the Decree Absolute. This is the final stage in the divorce process and is the document that officially ends the marriage.
Before the Decree Absolute can be granted, there is a mandatory waiting period of six weeks and one day from the date of the Decree Nisi. During this time, either party can apply for the Decree Absolute to be granted. If neither party applies for the Decree Absolute, the court may do so after the expiration of the waiting period.
It is important to note that the granting of a Decree Nisi does not automatically lead to the granting of a Decree Absolute. The parties must take further steps to apply for the Decree Absolute to be granted, either jointly or individually.
Consequences of a Decree Nisi
Once a Decree Nisi has been granted, the marriage is not officially dissolved, but the parties are free to remarry. However, until the Decree Absolute has been granted, the parties are still legally married and may not enter into a new marriage.
It is important to note that a Decree Nisi does not resolve financial matters or issues relating to children. These matters must be dealt with separately, either through negotiation between the parties or through court proceedings.
Conclusion
In conclusion, a Decree Nisi is a crucial step in the process of finalising a divorce in the United Kingdom. It marks the point at which the court is satisfied that the marriage has irretrievably broken down and sets the stage for the granting of the Decree Absolute, which officially ends the marriage. It is important for parties going through a divorce to understand the role of a Decree Nisi and the steps that must be taken to finalise the divorce.
