This legal term refers to a provisional decree in a divorce proceeding. It is not a final dissolution of the marriage but rather a conditional order. For instance, a court might issue this decree, specifying that the divorce will become absolute after a designated period, such as six weeks, unless a valid reason is presented to prevent it. During this interim, the parties remain legally married.
The significance of this preliminary ruling lies in providing a ‘cooling-off’ period and allowing for the possibility of reconciliation. Historically, this system was implemented to discourage hasty divorces and offer a window for reflection and potential resolution of marital disputes. Furthermore, it safeguards against fraud or the concealment of material facts that might affect the ultimate validity of the divorce. This approach also permits the court to address any remaining procedural issues or outstanding matters before the divorce becomes legally binding.
