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Adecree nisi orrule nisi (from Latin nisi 'unless') is acourt 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 adecree absolute (rule absolute), and is binding.[2] Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree shouldnot 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 toshow cause.
Using the example of adivorce, the wording of such a decree is generally in the form of "that themarriage 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 manycommon law jurisdictions, but is more common in theUnited Kingdom than in theUnited States.[2]
In mostcommon lawjurisdictions, a decree nisi must be obtained in possession proceedings before the court will orderforeclosure under amortgage enforcement.
This form of ruling has become a rarity in recent times, with few exceptions: in some jurisdictions, it is still a standard stage ofdivorce proceedings. InHong Kong, and inEngland andWales, section 1(5) of theMatrimonial Causes Act 1973[3] provides that "Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of six months from its grant", and section 9(1) allows any person (including theKing's Proctor), before the decree is made absolute, to "show cause why the decree should not be made absolute by reason of material facts not having been brought before the court".
InEngland and Wales, the minimum interval between the granting of decree nisi and that of decree absolute was amended by theFamily Law Act 1996[4] and is now six weeks. In practice, courts use an interval of six weeks and one day.
Another exception regarding orders nisi is where a creditor seeks to place a charge on land for money owed. A court, on the production of certain evidence, will make a charging order nisi and a hearing date is set. If the court is satisfied at the hearing that the creditor is entitled to have a charge on the debtor's property, it will grant a charging order absolute.
