What is Nunc Pro Tunc?

Nunc pro tunc is a Latin expression, which means now for then. In general, a court ruling nunc pro tunc applies retroactively to correct an earlier ruling.

In California, the court has discretion in family law matters to order an entry of judgment nunc pro tunc, which makes the order relate back in time to when it should have been entered, to avoid injustice

When a judgment of dissolution was not entered through mistake, negligence, or inadvertence or was not entered as soon as it could have been, the court may order that it be deemed entered as of the date that it originally could have been entered. Family Code § 2346(a).

In order to ask the Court to enter your Judgment as nunc pro tunc, you should create a Declaration explaining to the court what date you want the nunc pro tunc to be effective.  A nunc pro tunc does not have anything to do with the filing, other than establishing the case.  The declaration should indicate the earliest date, for example, 6 months and 1 day from date of service/appearance of Respondent, that the Court had the jurisdiction to enter a termination of marriage order and then state what date you want it actually effective.  

For example if you served the other party on May 1, 2015 earliest date for termination of the marriage would be November 2, 2015 but it is now January 4, 2016 of the following year.  You can ask the Court to enter the judgment as 12-31 of the prior year and explain that you need the order because you have remarried and you need the tax advantages of single filing; or whatever else is the reason.

Here are some other examples: A judgment may be entered nunc pro tunc to a date prior to the death of a party even though (1) no subsequent marriage is involved and (2) a surviving spouse will be divested of rights by such entry of judgment. Waller v. Waller (1970) 3 CA 3d 456, 466.

However, a nunc pro tunc entry of judgment is not okay when it is sought solely to defeat the rights of the surviving spouse and will not preserve any significant rights to the decedent’s estate. Marrige of Frapwell (1975) 53 CA 3d 479, 485.

The court may grant nunc pro tunc entry of a judgment on its own motion or on that of a party to the action. Family Code §2346(b). 

In addition, anyone “whose rights are threatened by a delay which is not his fault” may apply for relief under the court’s authority to grant the remedy on its own motion.  This right has been extended to the putative spouse of one whose previous marriage was not finally terminated at the time of the subsequent marriage, to a child seeking to establish his or her legitimacy and the personal representative of a deceased party.

In no event, however, may a judgment obtained by a contested trial be deemed entered as of a date before the trial. Family Code §2346(d). 

If you are considering using the nunc pro tunc process, you should contact a family law attorney to make sure you are correctly following court procedure. Contact me at amanda@gordonfamilylaw.com for more information.