Legal Definitions - order nisi

An order nisi is a provisional court order that will become final and binding at a specified future date, unless a particular condition is met or a party demonstrates a valid reason why it should not. The term "nisi" comes from Latin, meaning "unless." Essentially, it's a conditional order that gives parties an opportunity to object or fulfill a requirement before the court's decision is made permanent.

Here are some examples illustrating how an order nisi works:

• Divorce Proceedings: Perhaps the most common example is a decree nisi in divorce cases. When a court grants a divorce, it often issues a decree nisi first. This means the divorce is provisionally granted, but it will not become final (a decree absolute) until a specific period has passed (e.g., six weeks and one day in some jurisdictions). During this period, either party can object or "show cause" why the divorce should not be finalized—for instance, if there was a procedural error or if the parties have reconciled. If no valid objection is raised within the timeframe, the decree nisi automatically becomes a final decree absolute.

• Property Disputes: Imagine a situation where a court has ruled that a property must be sold to satisfy a debt. The court might issue an order nisi for the sale of the property. This order would state that the property will be sold *unless* the debtor pays the outstanding amount within a designated period, perhaps 30 or 60 days. If the debtor successfully pays the debt within that time, the condition is met, and the order for sale does not become final. If the debt remains unpaid, the order nisi converts into a final order for sale, and the property proceeds to auction.

• Estate Administration: In the process of settling an estate after someone's death, a court might issue an order nisi regarding the distribution of assets to beneficiaries. This order would declare that the estate's assets will be distributed according to the will or intestacy rules *unless* a creditor or another claimant comes forward within a specified period (e.g., three months) to prove a valid claim against the estate. This allows time for any outstanding debts or legitimate claims to be brought to the court's attention. If no valid claims are presented by the deadline, the order nisi becomes final, and the assets are distributed as planned.