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Here is a complete explanation of a Decree Nisi in Canada:
Decree Nisi in Canada
A Decree Nisi is a crucial step in the legal process of divorce in Canada. It’s the first official court order recognizing the marriage is over; however, it doesn’t finalize the divorce.
Read more Decree Nisi in Canada: Divorce in Canada
How to Obtain a Decree Nisi
- Application: After the responding spouse acknowledges the divorce application, the applicant can apply for a Decree Nisi. This typically occurs after resolving issues like child custody, property division, and spousal support (if applicable) through negotiation, mediation, or court rulings.
- Waiting Period: There’s no court appearance required to obtain a Decree Nisi.
What Does a Decree Nisi Do?
- Dissolution of Marriage (Conditional): The Decree Nisi signifies the court’s belief that the marriage has broken down and a divorce should be granted. However, you are not legally single yet.
Read more Decree Nisi in Canada: Divorce and children in Canada
What Happens After a Decree Nisi?
- Waiting Period: Following the Decree Nisi, there’s a mandatory waiting period of one year. This period allows for reconciliation or for any objections to the Decree Nisi to be filed.
Finalizing the Divorce – Decree Absolute
- After the waiting period, you can apply for the final decree, the “Decree Absolute”. This court order officially dissolves the marriage, and you are legally single.
Read more Decree Nisi in Canada: Affidavit Lawyer in Canada
Key Points to Remember About Decree Nisi
- It’s not the final divorce decree.
- It signifies the court’s belief that the marriage has broken down.
There’s a mandatory one-year waiting period after the Decree Nisi before applying for the final divorce decree.
Read more Decree Nisi in Canada: Stages of Divorce in Canada