A final decree is a court document that consists of a judge’s determination following a trial or other court proceeding. In certain types of court cases considered “final,” the court must enter a final decree in order to resolve the issues in the case. In other cases, a court may prefer to issue interim rulings which are made during the trial process, as opposed to a final decree.
Types of Final Decrees
The type of final decree issued by a court depends on the type of case. For instance, in a will contest where contesting parties are seeking to dispute a deceased person’s will, the court may determine specific rights or interests in assets, pursuant to state and local probate laws. In a divorce, a judge may make decisions about child custody, financial support, and the division of assets. A final decree may also be entered in a civil or criminal case to issue judgment for contempt of court or in requesting a criminal sentence be imposed.
Effect of a Final Decree
Once a final decree is entered by the court it is binding and the terms of the decree are enforceable. This means that if one party violates any of the terms of the decree they can be held liable. The party who is found to be in violation may face jail time, fines, or other penalties imposed by the court.
Executing a Final Decree
In certain cases, entry of a final decree may not be enough to fully resolve disputes between parties. In such instances, the court may require the party that is in violation of the final decree to take affirmative action in order to satisfy the court’s decree. For example, if the court orders a party to pay a sum of money, the party must make payment in full before the court can close the case.
Final Thought
Final decrees are serious court documents that set forth a court’s binding decisions. Once a final decree has been issued, the parties involved must fulfill the terms thereof or face the consequences. Understanding the significance of a final decree is key to navigating disputes through the court system.