Divorce is never an easy process, but it can be made smoother if you understand the legal steps involved. One crucial stage in the divorce process in the UK is obtaining a decree. In this article, we will discuss what a Decree Nisi is, how to obtain one, and what it means for your divorce proceedings.
What is a decree, Nisi?
A Decree Nisi is a court order that states the court’s intention to grant a divorce. It is the second stage in the divorce process, following the filing of a divorce petition. The Decree Nisi does not end the marriage, but it does set a date for the final stage of the divorce process, the Decree Absolute.
How to Obtain a Decree Nisi
To obtain a Decree Nisi, you first need to file a divorce petition with the court. This petition outlines the grounds for divorce and any other relevant information, such as financial arrangements or child custody arrangements. Once the petition has been filed, your spouse will need to respond to it within a specified time frame.
If your spouse agrees to the divorce and there are no contested issues, the court will schedule a hearing to consider the petition. At the hearing, the court will review the petition and any other relevant documents before deciding whether to grant a decree.
If there are contested issues, such as disputes over finances or child custody, the court may need to hold additional hearings to resolve these issues before granting a Decree Nisi. In some cases, a Decree Nisi may also be delayed if the court requires more information or evidence before making a decision.
What Does a Decree Nisi Mean?
Once a Decree Nisi has been granted, it means that the court has accepted that the marriage has irretrievably broken down and is satisfied that all legal requirements for divorce have been met. However, it does not mean that the divorce is final; you are still legally married until you obtain a Decree Absolute.
The Decree Nisi sets a date for the Decree Absolute, which is the final stage in the divorce process. You can apply for a Decree Absolute six weeks after the Decree Nisi has been granted, but it is important to note that you must wait a further six weeks before the Decree Absolute is officially granted.
Implications of a Decree Nisi
Obtaining a Decree Nisi has several implications for your divorce proceedings. Firstly, it means that you are one step closer to finalising your divorce and being legally separated from your spouse. This can be a significant emotional milestone for many people going through a divorce.
Secondly, a decree may have financial implications. Once a Decree Nisi has been granted, you may be able to start making financial arrangements for your future, such as dividing assets or agreeing on spousal maintenance. However, it is important to note that these financial arrangements are not legally binding until the Decree Absolute has been granted.
Finally, a Decree Nisi may also have implications for child custody arrangements. Once a Decree Nisi has been granted, you can start making arrangements for child custody and visitation with your spouse. However, it is important to ensure that these arrangements are in the best interests of the children involved and comply with any court orders.
Conclusion
Obtaining a Decree Nisi is an important step in the divorce process in the UK. It signifies that the court has accepted that the marriage has irretrievably broken down and sets a date for the final stage of the divorce process—the Decree Absolute. Understanding the process of obtaining a Decree Nisi can help you navigate the divorce process more effectively and ensure that you are prepared for the next steps in your divorce proceedings.
