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The Decree Nisi: What Happens if I Ignore it?

Following the courts having granted you a Decree Nisi, you will be in a position to finalise your divorce by filing for a Decree Absolute six weeks and one day after the date on which this was pronounced. But what happens if, following you having received this document, you do nothing; not just for six weeks, but significantly longer?

Well, if you do nothing for more than 12 months then, should you later decide to attempt to apply for your Decree Absolute, you’ll be asked to explain the delay and, if you don’t have a good reason, then your original application will automatically become redundant, and you’ll need to begin the process again. Yes, that’s right, if you ignore your Decree Nisi for more than 12 months then chances are you’re going to need to start the process, and pay the court’s fees, again.

What, though, would happen if you simply decided, following you having received your Decree Nisi, that you no longer wanted a divorce? Well, under these circumstances it is clear that you should do nothing and allow the 12 months to pass. As your spouse will be able to apply for a Decree Absolute also, however, this is no guarantee that your divorce will not proceed.

A Respondent cannot also simply file for a Decree Absolute six weeks and one day after the Decree Nisi was issued, though. Instead, they are required by law to wait a further three months, will be required to pay a court fee and, what’s more, will also need to attend a hearing, along with the Petitioner.

During this hearing, the judge will determine whether or not there is a good reason why the Petitioner has not yet filed the documents required in order to finalise the divorce and legally end their marriage. The judge’s decision will then be dictated by this information.

So, depending on your circumstances, it can be appropriate or foolish to ignore a Decree Nisi. You should seek advice if you’re unsure of how to proceed.

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