That is why it is called : the Latin term for “unless.” There is a six week and one day minimum mandatory period between grant of decree nisi and decree absolute, so that if the couple do want to change their minds, they will remain married. I have one client who has twice obtained decree nisi from her husband, only to backtrack from the point at which the divorce was to be finalised.
So it is a worthwhile part of the procedure and serves its purpose.
A Respondent to the divorce is not treated the same as the Petitioner.
A Respondent, such as Steve, make an application for the decree absolute if the Petitioner fails or refuses to do so, but only after a further three months has elapsed from the earliest date the Petitioner could have applied.
And it is this concern, whether or not to proceed to decree absolute when financial elements have yet to be agreed, that has occasioned the majority of the requests for advice to my blog.The court office seals and issues a certificate of decree absolute.Sometimes, however, the Petitioner refuses to apply.Sometimes the parties agree at the outset that neither of them will apply for decree absolute until all the issues between them are resolved.Some parties don’t or won’t, and so an application to delay the decree absolute may be required.