Understanding their Meaning and Process
The difference between decree nisi and absolute is often confused.
When going through or contemplating divorse you may have come across the term "decree nisi" and “decree absolute”.
Just what do they mean and what’s the difference? In this blog post, I’ll take a closer look at the meaning of decree nisi and absolute and try to explain the difference between the two.
What is a Decree Nisi?
The decree nisi and absolute can be confusing to understand, but both are separate and equally important steps in the divorce process. The nisi confirms that the court has reviewed and approved the grounds for divorce but does not yet make the divorce official. The Nisi is the first court hearing at which a judge will consider your application for divorce. Once granted it is the green light for the divorce to go ahead and to its conclusion or decree absolute.
Think of it as the home leg in a cup tie with the away leg being the decree absolute
The decree nisi is a court order that states the court does not see any reason why a couple cannot get divorced. It's a preliminary decree that confirms the court has reviewed and approved the grounds for divorce, however, it's not the final order of the court, and the divorce is not yet official.
Furthermore it's almost certain to be heard behind closed doors and you will not be able to, or be required to attend court in person. It is also unlikely that this is dealt with at a local court. Most divorce hearings in the UK are heard in the family courts in Birmingham.
How is a Decree Nisi Obtained?
To obtain a decree nisi, an application for decree nisi must be made to the court. The application can be made jointly if both parties agree to the divorce or separately if only one party wants the divorce to go ahead.
Once the application is received, the court will set a date for a hearing. If the court is satisfied that the grounds for divorce have been proven, a decree nisi will be granted. This process takes around 6-8 weeks from the date of application.
What Happens After a Decree Nisi is Granted?
After the decree nisi is granted, there is a mandatory waiting period of six weeks before either party can apply for a decree absolute. During this time, either party can decide to contest the divorce, and if so, a hearing will be set to address any issues.
If there are no objections from either party, an application for a decree absolute can be made. The decree absolute is the final court order that officially ends the marriage.
Getting a divorce can be a long and exhausting process but hang on in there, especially with everything else that’s going on in your life. Only once the decree absolute is granted, then divorce is officially finalised and both partners are free to remarry if they wish.
What is Decree Absolute?
Decree Absolute is the second leg of the cup tie, a legal document that ends a marriage in the UK. Once you have obtained it, you are no longer married to your partner. Yippee. It is the final stage of getting a divorce, and without it, you would still be officially married. It is worth noting that obtaining decree absolute does not necessarily mean that all financial matters have been resolved between the parties but in most cases, the judge will have granted the absolute with an agreement in place which must legally be adhered to.
You can go back to court to get amendments for mistakes made by either the judge or solicitor as I did in my case. This is done under the “slips” rule and although possible it’s time-consuming and the judges don’t look upon it favourably as it wastes court time. Additionally check all documents have the correct names and figures correcly entered before the absolute is signed off by the court.
In my case, the sharing order for the pension split was listed with the wrong number reference and therefore it could not be transferred to my name without going back to court. It took over 6 months to resolve, luckily our solicitor's mistake not mine.
Steps to Obtain a Decree Absolute
As I have written above to obtain a decree absolute, you must first obtain a decree nisi, which is a provisional divorce order. Once you have the decree nisi, you must wait for a minimum of six weeks before applying for a decree absolute. Failing to apply for a decree absolute within 12 months of receiving your decree nisi, you may have to explain to the court why you delayed your application.
To apply for a decree absolute, you must fill out a form called a notice of application for decree nisi to be made absolute. This form can be obtained from the court where your divorce was filed. The application is straightforward and does not require a court appearance. The court will grant the decree absolute if there are no objections.
What happens after Decree Absolute is granted?
You are officially divorced once decree absolute has been granted, and you are free to remarry if you wish to. Freedom! Keep the decree absolute safe. You may need it as proof of your marital status in the future. If you have children, the court may have made orders regarding who they live with and how much time they spend with each parent. You will need to comply with these and any other orders.
Although divorce can be a difficult and stressful process, obtaining a decree absolute is an essential step in moving forward with your life. I remember dreading the “final act “of legally separating but I now look back and see it as very liberating. You will now feel free to move onwards and upwards and whatever you do from now on will be all down to you. Your future is back in your hands.
Probably not for many years will you have had this amount of freedom. Remember, enjoy it and make the most of it. You no longer must ask how high if she says jump! Just remember that you are no longer married and if you don’t want to listen or answer to her, you no longer have to.
Suprisingly, I found that my relationship with my ex became better as time passed. We now remain good friends. It works for me and the kids and that’s what’s important. It’s all about you now, so look after yourself and smile.
Remember to seek legal advice if you are unsure about any aspect of the divorce process, including the Nisi and decree absolute.
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Best Ade