Not exact matches
In the absence of any answer, Mrs Price filed an
application for decree
nisi on the basis that the divorce was undefended.
The court referred to Nash v Nash [1968] P 597; [1967] 1 All ER 535, in which three classes of case relating to
applications to set aside a decree
nisi were identified.
An
application to vary or rescind maintenance payments will proceed on the basis of the following principles: the court is to take the amount of maintenance originally ordered as the correct amount at the time the order was made and then to consider to what extent the circumstances of the parties have altered or changed since the decree
nisi was granted.
These changes are primarily intended to avoid the current situation whereby a financial
application is issued at the divorce centre but there is a delay in sending the
application to the local court whilw waiting for a decree
nisi to be pronounced.
He admitted that those proposals might not be enough and referred to two other proposals that could tighten the procedure of the law: «One is that both the petition for divorce and, in special procedure cases, the notice of
application for decree
nisi should require the completion of a statement of truth in a specified form next to a prominently displayed warning of the penalties for untruth.
The Petitioner can apply for the Decree Absolute six weeks and one day from the date of Decree
Nisi, but it is common to delay making the
application until a financial settlement has been reached.
Once received, the Court will send a copy of the Respondent's acknowledgement to the Petitioner, who is then able to file an
application for Decree
Nisi with the Court.
A judge will review the
application and provided everything is in order then the divorce will be approved in principal and the Decree
Nisi issued.