6. Where a decree nisi is granted, under what circumstances would the decree not be made absolute or be revoked?
Generally, a decree absolute will only be granted when all issues regarding the divorce are decided. The decree nisi would not be made absolute if any of the following applies:
- There are children in the family and arrangements for their welfare have not been made or decided by the court yet;
- There are still disputes over financial relief matters that the court has not yet decided on;
- There is an appeal against the decree nisi and an application for re-hearing or recission/revocation of the decree nisi is pending.
A decree nisi may be revoked if:
- It appears that the marriage between the petitioner and the respondent has not irretrievably broken down. For example, if the parties have reconciled, or if the parties have continued to cohabit for a long period of time after the decree nisi was granted;
- The petition relies on the ground of 1 year separation with consent for divorce and the petitioner had misled the respondent in giving consent to the divorce;
- The petition relies on the ground of adultery for divorce and either party has misled the other on any matter when deciding to make the application for divorce;
- The court makes an order for the Secretary for Justice (a Proctor) to intervene and make arguments on any issues relating to the case. This may include arguing against the parties’ decree nisi.