How Do You Turn a Decree Nisi Into a Decree Absolute?

Decree nisi and decree absolute: what is the difference?

The decree nisi is the first, conditional order. It confirms there are grounds for divorce. The decree absolute is the final order that legally ends the marriage.

Until the decree absolute is granted, you are still married and cannot remarry.

Why is there a three-month wait?

Section 61(1) of the LRA 1976 says a decree nisi cannot be made absolute until three months after it was granted, unless the court sets a shorter period.

The wait gives time to:

• reconcile, if either of you has second thoughts
• raise any serious problem, such as fraud or hidden facts in the case
• settle ancillary matters (custody, property and maintenance)

How do you apply?

Once three months have passed, the spouse who was granted the decree nisi applies to the High Court that granted it. If they do not apply, the other spouse can apply once a further three months have passed.

Your lawyer usually files a copy of the decree nisi and an affidavit (sworn statement) confirming nothing stands in the way. The court registrar reviews it.

Often the decree absolute is granted without a full hearing. The registrar checks the waiting period is over and there are no objections, then issues the order. Your marriage ends on the date of the decree absolute.

What can delay it?

Unresolved ancillary matters are a common reason. If custody, property or maintenance is not settled, the court may hold back the decree absolute.

Another reason is an application to rescind the decree nisi, for example if it was obtained by fraud, misrepresentation or hiding important facts. While that is pending, the decree absolute will not go ahead.

Court schedules, missing documents or procedural problems can also add time.

What to do once it is granted

Your divorce is now legally complete. Get several certified copies of the decree absolute from the court.

Update your marital status with the National Registration Department (JPN). You may also need to update bank accounts, insurance and other documents. If you have children, keep following the custody and access orders.

Any financial orders that depend on the divorce being final, such as maintenance or property transfers, take effect from this date.

For the full picture, see our guide to divorce procedure.

Looking to engage a divorce lawyer? If you are unsure when you can apply for your decree absolute or what is holding it up, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.