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Awan-Legal, Solicitor
Category: UK Family Law
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Experience:  Expert
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I am about to get divorced. I am the petitioner and have applied

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I am about to get divorced. I am the petitioner and have applied for Decree Nici. My husband, the respondant, has agreed part 1 and part 2 on "statement in support of Divorce/(judicial) separation - adultery.

Could you let me know if I have now started the formal (judicial) process of divorce in England?
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi
Awan-Legal : Thanks for your question.
Awan-Legal : The judicial divorce process has certainly started as you are at the decree nisi stage and therefore nearing the final stage of the divorce.
Awan-Legal : In UK divorce law decree nisi is granted when a court is satisfied that the petitioner is entitled to a divorce. Decree nisi does not end the marriage. It is in the nature of a provisional decree. It means that the court is satisfied that the person who issued the divorce petition has proved the contents of the petition and is entitled to a divorce. The decree nisi is a statement by the court to the effect that if there is no reason to the contrary the petitioner will in due course be entiled to apply for decree absolute and thereby dissolve the marriage.'Nisi' is the Latin word for 'if' and so it makes clear the provsional nature of the decree. It is decree absolute which dissolves a marriage. In practical terms what decree nisi does is to commence the period of six weeks and one day running after which time the petitioner will normally be able to apply for the decree to be made absolute.No-one usually attends court when decree nisi is pronounced. The spouses are notified in advance of the day upon which it wil be done. In most County Courts this is on a particular day of the week. The District Judge will pronounce decree nisi in public and usually it will be pronounced simultanously in many cases. 'I pronounce decree nisi in cases X, Y and Z' is the usual type of formula.
Awan-Legal : The reason why there is a compulsory delay of six weeks and one day before the petitioner can apply for decree absolute is to allow time for any objection to be put forward as to why the divorce should not proceed
Awan-Legal : After 6 weeks and 1 day you can apply for the "Decree Absolute".This means your divorce is completed and you are no longer married to your partner. 
Awan-Legal : I hope that helps.
Awan-Legal : Please click accept on my answer, thanks.
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