Decree nisi

Decree nisi

A decree nisi (from the Latin nisi, meaning "unless") 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.[1]

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.[citation needed]

In most common law jurisdictions, 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[2] 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".

References



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Look at other dictionaries:

  • decree nisi — see decree Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. decree nisi n. A condit …   Law dictionary

  • decree nisi — ► NOUN (pl. decrees nisi) English Law ▪ an order by a court of law that states the date on which a marriage will end, unless a good reason to prevent a divorce is produced. ORIGIN Latin nisi «unless» …   English terms dictionary

  • decree nisi — A provisional decision of the Court that does not have absolute effect until certain conditions are met. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • decree nisi — noun a decree issued on a first petition for divorce; becomes absolute at some later date • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑decree, ↑edict, ↑fiat, ↑order, ↑rescript * * * …   Useful english dictionary

  • decree nisi — UK [dɪˌkriː ˈnaɪsaɪ] / US [dɪˌkrɪ ˈnaɪˌsaɪ] noun [countable] Word forms decree nisi : singular decree nisi plural decrees nisi legal British an order made by a court of law that says a marriage will end on a particular date unless someone can… …   English dictionary

  • decree nisi — [[t]dɪkri͟ː na͟ɪsaɪ[/t]] decrees nisi N COUNT: usu sing A decree nisi is an order made by a court which states that a divorce must take place at a certain time in the future unless a good reason is produced to prevent this …   English dictionary

  • decree nisi and absolute — an order of the court in two stages: 1. terminating a marriage. 2. granting foreclosure in respect of a mortgage where the mortgagor has defaulted. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • decree nisi — decree ni|si [dıˌkri: ˈnaısaı] n [singular] BrE an order by a court of law that a marriage will end at a particular time in the future unless there is a good reason not to end it …   Dictionary of contemporary English

  • decree nisi — noun (plural decrees nisi) English Law an order by a court of law stating the date on which a marriage will end unless a good reason not to grant a divorce is produced. Origin C19: L. nisi unless …   English new terms dictionary

  • decree nisi — /nuy suy/, Law. a decree, esp. of divorce, that will become absolute at a later date. [1890 95] * * * …   Universalium

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