The examples and perspective in this article may not represent a worldwide view of the subject. (November 2019) |
A decree nisi or rule nisi (from Latin nisi 'unless') is a court order that will come into force at a future date unless a particular condition is met.[1] Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding.[2] Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should not take effect (i.e. the decree takes effect unless the party shows that it should not).[2] For that reason, a decree nisi may also be called a rule, order or decree to show cause.
Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution takes effect.
The term is used in many common law jurisdictions, but is more common in the United Kingdom than in the United States.[2]