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A nisi decree is a court order that is not yet final, often used in divorce proceedings to allow for a reflection period and the possibility of reconciliation. It can be changed if new evidence is presented before the waiting period expires. The term “nisi” comes from Latin and means “unless.” In some jurisdictions, the decree becomes absolute after the waiting period expires. It is important to keep proof of the absolute judgment for legal purposes.
A nisi decree is a legal term that refers to a court order or decision that has not yet been finalized. Sometimes used in divorce proceedings, a nisi decree can expire after a certain amount of time, allowing the decision to be known as an absolute decree. The use of a nisi decree allows for a sentence to be changed if new evidence is presented or new applications are filed before the waiting period has expired.
Nisi comes from a Latin word that roughly translates as “unless.” Therefore, a nisi decree means that the judgment is final unless a reason altering the terms or orders is presented. In general, the idea behind such a ruling is to give the principal parties extra time to produce evidence or file alternative petitions. While fairly infrequently used, this form of judgment remains common in family law courts across the UK and can affect divorce law in other regions.
The use of a nisi decree is common in divorce proceedings, not least because divorce can be an emotionally stressful time with many uncertainties that can alter agreements on the division of property and responsibilities. The parties to a divorce may be unable to rationally assess the circumstances and find a fair or logical division in the heat of early proceedings. Therefore, the nisi decree allows for a reflection period after the initial judgment or acceptance of the transitions, so that both parties have the opportunity to better assess the needs and make sensible changes.
Another reason why a nisi decree or similar “cooling off” period can be integrated into a divorce process is the possibility of a reconciliation of the marriage. If an absolute decree is issued, the couple is officially divorced and must go through the legal marriage procedure again if they choose to reconcile. By filing a joint petition to reject a nisi decree due to reconciliation, the couple remains married in the eyes of the law and thus saves themselves the legal hassle of remarriage.
In areas where a nisi decree is standard procedure, divorced spouses may need to sign and file a document requiring that the decree become absolute at the end of the waiting period. In some jurisdictions, the mere expiration of the waiting period allows the judge to render the absolute decree in absentia. The parties will normally receive a copy of the decree after the filing, with a detailed list of the sentences and notification of the date on which the decree will become definitive. When an absolute judgment becomes effective, another notification will be sent. It is important to keep proof of the judgment absolute, as parties wishing to marry another partner may need to legally prove that they are divorced.
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