Legal Definitions - order absolute

An order absolute is a final and conclusive legal command issued by a court. It signifies that a provisional or conditional order, which was initially granted, has now become permanent and legally binding. Once an order absolute is issued, it typically cannot be reversed or appealed, establishing definitive legal rights, obligations, or status.

Here are some examples illustrating the concept of an order absolute:

• Divorce Proceedings: Imagine a couple, Sarah and Mark, who decide to divorce. After the court reviews their case and is satisfied that the marriage has irretrievably broken down, it first issues a conditional divorce order (sometimes called a "decree nisi" or "order nisi"). This order states that the divorce will become final after a specified waiting period, usually a few months. Once that period passes, and assuming no objections or new information arises, Sarah or Mark can apply for an order absolute. When the court grants this order absolute, their divorce is finalized, and they are legally free to remarry. The order absolute makes the divorce irreversible and legally complete.

• Property Foreclosure: Consider a situation where a homeowner, Mr. Henderson, has defaulted on his mortgage payments. His bank initiates foreclosure proceedings to take possession of the property. Initially, the court might issue a conditional order of foreclosure (an "order for foreclosure nisi"), which gives Mr. Henderson a final opportunity to pay off his debt within a specific timeframe. If Mr. Henderson fails to make the payment by the deadline, the bank can then apply for an order absolute for foreclosure. This order absolute legally transfers full ownership of the property from Mr. Henderson to the bank, making the bank the undisputed owner and concluding the foreclosure process.

• Company Winding-Up: A struggling business, "Tech Innovations Ltd.," faces severe financial difficulties, and its creditors petition the court to wind up the company. The court might first issue a provisional winding-up order, allowing for investigations into the company's affairs and assets. After these investigations are complete and the court is satisfied that the company cannot continue to operate, it will issue an order absolute for winding up. This order definitively mandates the dissolution of Tech Innovations Ltd., leading to the sale of its assets to pay creditors and the eventual removal of the company from the corporate register. The order absolute marks the final and irreversible step in ending the company's legal existence.