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UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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are you classified as divorced with a decree nisi but not

Customer Question

are you classified as divorced with a decree nisi but not absolute?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.

and thanks question.

If the divorce process has reached decree nisi, you are still married. Your marriage has not been dissolved until the court grants the decree absolute. The decree absolute - which is the final decree of divorce - is not granted automatically. Either the petitioner or the respondent must apply to court decree nisi to be made absolute.

By the decree nisi stage, the court is satisfied that the petitioner has made out their case divorce, but initially only a decree nisi is granted. This is Latin decree "unless..." that is, the divorce can proceed UNLESS the parties reconcile.

It is written into the legislation that the earliest date that the petitioner can apply decree absolute is 6 weeks and one day after the date of the decree nisi, and the earliest date that the respondent can apply is a further 3 months later - the purpose of the delay is to allow the parties time to reconcile, rather than rushing straight to decree absolute which is the final decree of divorce.

So - no - you are NOT classed as divorced if you have the decree nisi but not the decree absolute.

I hope this helps and I wish you the best of luck.

Thanks and best wishes...