Talk:Holy Deadlock
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decree nisi
[edit]- After the trial, there would then be a six-month waiting period until the decree nisi was granted, and any misconduct by the "innocent" party in this time—or any evidence of collusion coming to light—could annul the divorce.
My knowledge of the relevant law comes entirely from Herbert's Misleading Cases. Isn't the decree nisi [='unless'] the desired outcome of the trial, beginning the six months after which the divorce becomes absolute? —Tamfang (talk) 05:55, 22 December 2008 (UTC)
- I don't have the books to hand right now, but I do believe you are entirely right. I need to find a source for that section, really, and check it properly... Shimgray | talk | 12:44, 22 December 2008 (UTC)
- I've just noticed this discussion from three years ago. I can answer this.
- In England and Wales, but not Scotland, to this day, the final decision in a divorce is in two stages. At the end of the case, there is a decision (decree) that the couple are divorced, except that this is 'nisi' i.e. 'unless'. The decision is conditional. They are not actually divorced until one of them applies for the second decree 'absolute'. That is usually six months later. It is supposed to be to allow them to have second thoughts.
- They can apply for the six months to be shortened, though there must be a very good reason, such as the ex-wife being about to give birth by her new man. The decree absolute can also be refused or postponed if there are other loose ends still unresolved, usually financial.
- The ban on collusion was abolished in 1971. Since then it has been normal and expected that the parties will try and negotiate the terms of their divorce. Browne-Windsor (talk) 08:49, 3 June 2011 (UTC)