A Decree Nisi was pronounced in my divorce proceedings, but since then no Decree Absolute has been pronounced. What can I do to ensure a Decree Absolute gets pronounced?

by ContactLaw on November 4, 2011

In divorce law a Decree Nisi tells you that your divorce is almost completed. It is considered as the second last stage to the proceedings of your divorce. The Decree Nisi occurs when either you or your spouse have both completed  an affidavit in front of a family law solicitor and filled in a form to request for the case to go to trial, along with any other supporting documents which are sent to the court. The courts then fix a date for the Decree Nisi to be pronounced as well as confirmation that arrangements for any children are satisfactory.

When the court grants you your Decree Nisi you have to wait six weeks and one day before you can make your divorce final. This is to allow time for anyone who objects to the divorce to tell the court why they object. After six weeks and one day have elapsed you can apply for the “Decree Absolute”. This means your divorce is completed and you are no longer married to your partner.

In some cases however your spouse may not apply for the Decree Absolute, at this time you are advised to first consult with your family solicitor and see how you may apply for the Decree Absolute yourself. This can only be done however three months after the six weeks and one day have elapsed.

If this happens then you will normally have to complete a sworn affidavit in front of a solicitor or court confirming that to the best of your knowledge, the Decree Absolute has not been applied for by your spouse, and that to the best of your knowledge there is no reason why Decree Absolute cannot be pronounced.

Once the application has been received for the Decree Absolute by the courts, it will be checked to see that there are no reasons why the decree should not be made absolute.

A Decree Absolute is then issued by the courts and certificates are issued to both you and your spouse. When this happens, your marriage is officially over and your divorce is complete.

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