Decree nisi
Encyclopedia
A decree nisi is a court order
that does not have any force until such time that a particular condition is met, such as a subsequent petition to the court or the passage of a specified period of time.
Once the condition is met, the ruling becomes decree absolute and is binding. Typically, the condition is that no new evidence or further petitions with a bearing on the case are introduced to the court. The wording of such a decree is generally in the form of "that the marriage, had and solemnized on (date) between AB and CD, be dissolved by reason that (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six months of the making hereof". This allows time for any party who objects to the divorce to come forward with those objections. It is also at times termed as rule nisi.
In most common law
jurisdiction
s, a decree nisi must be obtained in possession proceedings before the court will order foreclosure
under a mortgage enforcement.
This form of ruling has become a rarity in recent times, with one exception: in some jurisdictions it is still a standard stage of divorce
proceedings. In England and Wales, section 1(5) of the Matrimonial Causes Act 1973 provides that "Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of six months from its grant", and section 9(1) allows any person (including the Queen's Proctor), before the decree is made absolute, to "show cause why the decree should not be made absolute by reason of material facts not having been brought before the court".
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
that does not have any force until such time that a particular condition is met, such as a subsequent petition to the court or the passage of a specified period of time.
Once the condition is met, the ruling becomes decree absolute and is binding. Typically, the condition is that no new evidence or further petitions with a bearing on the case are introduced to the court. The wording of such a decree is generally in the form of "that the marriage, had and solemnized on (date) between AB and CD, be dissolved by reason that (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six months of the making hereof". This allows time for any party who objects to the divorce to come forward with those objections. It is also at times termed as rule nisi.
In most common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, a decree nisi must be obtained in possession proceedings before the court will order foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...
under a mortgage enforcement.
This form of ruling has become a rarity in recent times, with one exception: in some jurisdictions it is still a standard stage of divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
proceedings. In England and Wales, section 1(5) of the Matrimonial Causes Act 1973 provides that "Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of six months from its grant", and section 9(1) allows any person (including the Queen's Proctor), before the decree is made absolute, to "show cause why the decree should not be made absolute by reason of material facts not having been brought before the court".