Also known as: decerns · decerned · decree · adjudge
Written by attorneys · grounded in primary & secondary sources — see below
A verb in Scots law meaning to decree or to give final judgment.
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Daphne Doyle and her spouse entered a marital property agreement that reclassified certain assets. The court decerned the assets as her individual property under the governing statute. This designation prevented the assets from being treated as marital property in later proceedings.
Deanna Davenport and her spouse signed a separation agreement that directed its terms not be set forth in the decree. The court decerned the dissolution while identifying the agreement and confirming its terms were not unconscionable. The parties remained bound to perform the agreement's obligations.
Diego Duarte obtained a divorce from the decedent before her death. The court decerned that he was not a surviving spouse because the marriage had ended and no subsequent marriage occurred. This ruling barred him from claiming a spousal share of the estate.
Dylan Duffy signed a consent to adoption after the statutory waiting period. The court decerned the adoption decree and ruled that consent could no longer be withdrawn. The biological parent lost any further right to object to the adoption.
Deborah Dunn and the woman who gave birth were married when the child was born. The court decerned that Deborah was presumed to be a parent under the applicable statute. This presumption could be overcome only through a formal adjudication.
Demetrius Douglas created an express trust by court decree. The court decerned that the trust must be administered according to the rules governing express trusts. This ruling brought the trust within the code's regulatory framework.
To decern means the court issues a final decree or judgment that resolves the matter. This step allows the judgment to be extracted and enforced under Scots law procedures.
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A decree can designate property as individual rather than marital when it reclassifies assets or approves an agreement. This designation controls treatment in dissolution proceedings.
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The decree must still identify the agreement and confirm its terms are not unconscionable even if the agreement itself is not set forth in the decree. This preserves enforceability while respecting the parties' choice.
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…opinion in full. I write separately to call attention to this Court’s threat to American democracy. The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil…