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26-Mar-2018 05:58

At decree nisi stage the parties are almost, but not quite, divorced.

The parties are still able to change their minds about getting divorced.

Or if there is a new baby on the way, and an urgent need to remarry.

I have been involved in one case in which –exceptionally – the mandatory period was shortened.

Sometimes, however, the Petitioner refuses to apply.If for example a religious divorce is still required, the decree absolute can be postponed indefinitely by the court so that the parties are not simultaneously married in one sense and divorced in the other.As regards finances, in most instances having a decree absolute does delay the divorce. In fact, a financial settlement once ordered cannot legally be implemented without a decree absolute.That is why it is called : the Latin term for “unless.” There is a six week and one day minimum mandatory period between grant of decree nisi and decree absolute, so that if the couple do want to change their minds, they will remain married. I have one client who has twice obtained decree nisi from her husband, only to backtrack from the point at which the divorce was to be finalised.

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