What is a Decree Nisi and Decree Absolute?
Since April 2022, divorce law in England and Wales has undergone one of its biggest changes in decades, allowing couples to divorce without assigning blame or providing a specific reason for separation. The terminology used for divorce has also changed.
What is a Decree Nisi?
A Decree Nisi is now referred to as a Conditional Orderunder the new divorce system. Put simply, a conditional order or Decree Nisi confirms that the court acknowledges the marriage or civil partnership has irretrievably broken down and that both parties are entitled to a divorce.
What is a Decree Absolute?
The Decree Absolute, now known as the Final Order, marks the final stage of the divorce and legally ends the marriage or civil partnership.
The introduction of no fault divorce
Prior to April 2022, for a person to obtain a divorce, they would only be able to submit a divorce application on the basis of one of five facts, which had to be proved in a court of law:
Adultery
Unreasonable behaviour
Desertion
Two years of Separation
Five years Separation
This typically led a husband or wife to place the blame on the other to establish grounds for divorce. Otherwise, there would be a waiting period of 2-5 years for the separation.
Now, the no fault divorce has been introduced to allow couples to divorce without unnecessary conflict and end the apportioning of blame on either party.
Do both parties need to agree to a divorce?
The introduction of no fault divorce also means that there can be a sole applicant for divorce, or couples can jointly apply for divorce. Sole applicants can apply for a divorce after a year of marriage. Once the application has been made, the court will notify the other party that a divorce application has been filed and send them the relevant legal documents. A sole applicant for divorce may be suitable when:
Your spouse disagrees with the divorce.
Your spouse is not cooperative or responsive.
You are navigating a high-conflict separation.
Does no fault divorce make it faster to legally separate from a spouse?
Whilst the introduction of no fault divorce has definitely sped up the process of being eligible for a divorce in the UK, it does not mean that it will be immediate or that the divorce period itself will be any quicker.
As part of the process, a reflection period has been introduced. It allows the separating parties to reflect on the marriage. It also helps them work on outstanding issues and agreements, such as a financial settlement. The cooling-off period is typically 20 weeks from the date of the application before an application can be made for the conditional order. After the conditional order is prononced a further six week period has to pass before the final order can be applied for.
It is possible for separating couples to bypass the 20-week reflection period. A couple would need to apply to the court to have the 20-week period reduced; however, this is granted only in exceptional circumstances.
What else was introduced?
No fault divorce has also allowed couples to apply online for their divorce. Whilst this may seem easy and straightforward, it is always recommended that you seek legal advice from a professional. A lawyer will consider all of your legal options and highlight any potential complications with your divorce.
So, is a Decree Nisi and Decree Absolute still a thing?
Yes, Decree Nisi and Decree Absolute still exist in practice, but they are now known as the Conditional Order and Final Order under the new no-fault divorce system.
Contact Holden Smith Law
If you want to start divorce proceedings or have questions about divorce, contact the family law team at Holden Smith Law. Our team has over 20 years of experience helping individuals and their families.
You can contact our team by calling one of our offices or by completing our online enquiry form.
