The terminology associated with divorce proceedings can appear complex and confusing. Nisi is a word with Latin origins which means “unless” – and so a Decree Nisi is essentially a conditional order.
When a divorce petition is issued and the Respondent to the proceedings has returned their Acknowledgement of Service to the court, the Petitioner is able to apply for Decree Nisi. Decree Nisi is effectively the half-way stage in divorce proceedings.
The court will notify the parties’ of the date that Decree Nisi is due to be pronounced. The order is conditional because it is pronounced automatically unless either party opposes it. The pronouncement of Decree Nisi is a formality which takes place in an open court room. In the absence of any opposition to the proposed order, there is no requirement for either party to be present during the pronouncement of Decree Nisi.
The significance of Decree Nisi is two-fold. On the one hand, it is essentially confirmation from the court that the relevant legal criteria have been satisfied and the parties are therefore entitled to a divorce. Even more fundamentally, it is only after the pronouncement of Decree Nisi that the court will have the power to make a binding order in respect of the finances. It is for this reason that it is generally sensible for divorcing spouses to reach the Decree Nisi stage of their proceedings sooner rather than later.
The government is in the process of revising the existing laws in relation to divorce, with a “no-fault” divorce system due to be introduced in April 2022. One element of the new law will be to modernise the terminology used within divorce proceedings. This will include replacing the term “Decree Nisi” with “Conditional Order”.
If you have any queries in relation to divorce proceedings or any other family law issue, please dial 0151 600 3000 and ask to speak to one of our specialist Family lawyers.
