So you’ve applied for a divorce and you want your divorce certificate. But, as always, you cannot seem to do that without wading through a foot of legal jargon! Two terms you may come across in particular are decree nisi and decree absolute.
What do these things mean? Or, more specifically, what do they mean for you?
Well, while filing an application for divorce is quite easy, it is still a legal process and is considered carefully by the Court. The Court considers whether the grounds for divorce have been established (that is, the Court considers whether the parties want to separate, whether that intention has been taken and communicated and whether the parties are unlikely to reconcile). Once the Court is satisfied that the legal grounds have been established, an order called a ‘decree nisi for dissolution of marriage’ will be granted to the parties.
At this point it is possible for you or your partner to decide not to go through with the divorce. If you decide you don’t want to get a divorce, you can take back your application. This period of time lasts for one month and one day usually.
One month after the ‘decree nisi’ is granted, it becomes absolute i.e. decree absolut. At this point you will be given your divorce certificate and importantly you are free to remarry as you are no longer considered married in the eyes of the law.
Ending:
If you have a family law matter, concerns on your divorce or questions about family law and divorce in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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Divorce, Divorce online, Divorce in NSW, Family Law, Family Law in NSW