Wednesday, July 17, 2013

Family Lore Clinic: Can I cancel a decree nisi?

The decree nisi is the point in divorce proceedings when the court pronounces that the person(s) seeking the divorce (usually the petitioner - i.e. the person who issued the divorce petition) is entitled to the divorce. The decree nisi does not finalise the divorce - that does not happen until the court makes the decree absolute.

Sometimes, the person who obtained the decree nisi may want it cancelled because they and the other party have effected a reconciliation and they do not therefore want to proceed with the divorce. In this situation, either party can apply to the court for the decree nisi to be cancelled (the legal term is 'rescinded'), provided that the other party consents.

It is also possible for a decree nisi to be rescinded where there has not been a reconciliation, but such cases are rare.

As usual, if you require any further advice regarding this issue, you should consult a specialist family lawyer.

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