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Comprehensive Guide to Legal Decrees: Understanding Orders, Custody, and Maintenance in Divorce Proceedings

Chapter X - Finding And Decree
Details of Decree and Extract from the Decree
The decree includes, if necessary, orders for custody, damages, and costs. Where the petition includes a request for alimony or maintenance for the wife or children, the Judge may make an order regarding this as well.
  • If, in a case where the court's discretion is being sought, the Judge has found adultery to be proven against the other party but refuses to exercise discretionary power, the findings and refusal must be recorded in the decree dismissing the petition.
  • Similarly, if the Judge exercises discretion to grant a decree despite the petitioner's adultery, this must also be noted in the decree.
  • The decree does not contain a detailed statement on every issue raised; instead, it generally states whether the party has or has not "sufficiently proved the contents" of the petition or answer.
  • If a decree is granted, the grounds are recited within it.
  • The Registrar, or an officer of the Registry or a District Registry, who attends the Judge at the hearing, enters the findings and drafts the decree, which is filed in the Registry. A copy may be obtained if necessary.
  • In suits for divorce, nullity, judicial separation, or divorce where there are children under sixteen, the Judge's findings on the arrangements proposed for them are recorded in the court minutes but not in the decree.
  • Every court decree must be signed by a Registrar. Decrees for cases heard in London are signed by a Registrar of the Divorce Registry, while those heard in a Divorce Town are signed by the District Registrar of that town's Registry.
  • When the decree is drawn up, it does not need to be served (except in cases of a decree for the restitution of conjugal rights) unless there is concern that part of it may be disobeyed. In such cases, an order, known as the "extract from the decree for custody (or damages)," may be obtained from the Registry, and a plain copy served.
  • For a custody order, the extract must include the full names of each child, the person to whom the child is to be delivered, and the date, place, and time for compliance. Without these details in the order, enforcement may not be possible if it is not followed. The compliance date should allow adequate time for the solicitor to serve the order.
  • The costs of a copy of the decree nisi are not allowed upon taxation unless it contains an order for custody, damages, or ancillary relief.

When an order for maintenance is included in a decree nisi to take effect once the decree becomes absolute, the Registrar will endorse a note on the decree nisi, signing and dating it upon the decree becoming absolute. To enforce the maintenance order, a copy of the decree nisi with this endorsement should be served on the party ordered to make payments, or their solicitor, in the same manner as an order for maintenance following an ancillary relief application.

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