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Family law

Divorce - I have decree nisi

What will happen when the Judge has pronounced my Decree Nisi?
The Court will send you and the Respondent Decree Nisi. There is a different version of the Decree Nisi for each of the five grounds for divorce.

This form will tell you that this is not the final decree. It will also tell you when you can apply for your final decree, the “Decree Absolute”. Decree Absolute is the document that dissolves your marriage.

If you asked that the Respondent pays for the costs of your divorce and the Court agreed, you will also be sent an order supplementary to Decree Nisi. This order will state how much the Respondent should pay. A copy will also be sent to the Respondent.

What must I do before I apply for my Decree Absolute?
If there are children of the family, check that the Court has sent you a certificate for the purposes of Section 41 of the Matrimonial Causes Act 1973) which says the Judge has decided that the Decree Absolute need not be held up on account of the children.

If there are no children of the family or the Court has sent you a section 41 certificate, then check that six weeks have passed since your Decree Nisi was pronounced.

Do I need a form for Decree Nisi to be made Absolute?
You will need to complete an application form for Decree Nisi to be made Absolute.

The first date you can apply for your Decree Absolute is six weeks and one day from the date your Decree Nisi was pronounced.

If you are the Respondent and the Petitioner has not already applied for the Decree Absolute, you are able to apply for the Decree Absolute three months, six weeks and one day from the date of your Decree Nisi.

If the application for the Decree Nisi to be made Absolute is lodged more than 12 months after the Decree Nisi, an explanation in writing must be lodged with the application for the Decree Nisi to be made Absolute containing the following information:

  • Reasons for the delay;
  • A statement as to whether the parties have lived together (including any dates) since the Decree Nisi;
  • A statement as to whether any child has been born to the wife and if they are to be considered a child of the family.

Your solicitor will advise you whether you will also need to file an affidavit.

Will I have to pay a fee?
This depends on your income and financial circumstances. Your solicitor will advise you whether you are exempt from paying the Court fee or whether the Court will have to decide whether you will have to pay the fee.

What will the Court do with my application for decree absolute?
The Court will check the following:

  • If there are children;
  • The Court is satisfied with the arrangements proposed for them; or
  • Even if the Court is not satisfied there are no exceptional circumstances affecting the decree absolute;
  • Six weeks have passed since your decree nisi was pronounced;
  • There is no other reason why your decree nisi cannot be made absolute;

If everything is in order, the Court will send you and the respondent decree absolute.

Decree Absolute is the final decree and you are now free to remarry if you wish.

If you have any questions or need any further advice, please do not hesitate to contact us and we will do our best to accommodate you.

 

 

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