Legal Definitions - decree

A decree is a formal order issued by a judge that resolves specific issues or the entire outcome of a legal case. While often similar to a "judgment," the term "decree" is historically associated with courts that focused on fairness and specific actions (like ordering someone to do something) rather than solely awarding monetary damages. Today, it is commonly used in areas such as family law, probate, and cases where the court needs to establish rights or direct parties to perform certain actions. A decree can be a final decision or an intermediate order guiding the case's progress.

• Divorce Settlement Decree: After a couple has gone through a divorce proceeding, the judge issues a formal order detailing the division of their marital assets and debts, establishing spousal support payments, and outlining the custody and visitation schedule for their children.

  This illustrates a decree because it is a comprehensive court order resolving multiple complex issues in a family law case, directing the parties on their future obligations and rights.

• Probate Estate Administration Decree: Following the death of an individual, if there are disputes among heirs regarding the interpretation of the will or the distribution of assets, a probate court might issue a decree. This order would confirm the validity of the will, specify how the estate's assets should be managed, and ultimately direct their distribution to the rightful beneficiaries.

  This example shows a decree being used in a probate context to resolve disputes and provide clear instructions for the administration and distribution of an estate.

• Specific Performance Decree for a Unique Contract: A buyer enters into a contract to purchase a rare, antique car from a seller. Before the sale is finalized, the seller attempts to back out. The buyer sues, not for monetary damages, but to compel the seller to complete the sale of that specific car because of its unique nature. The court agrees and issues an order for the seller to transfer ownership of the car to the buyer.

  Here, the decree is an order for "specific performance," compelling a party to perform a particular action (transferring the car) rather than simply paying money. This highlights the historical use of decrees in courts of equity to ensure fairness when monetary compensation is insufficient.