Nunc Pro Tunc The term nunc pro tunc literally translates from Latin as “now for then.” Nunc pro tunc is usually applied in the case that the court makes a mistake. For example, from time to time, a court or party involved in the divorce may forget or does not file the paperwork necessary to acquire the final decree after it has been granted by an interlocutory judgment. When this happens, the divorce is never finalized. This may present a problem later, especially if one spouse has remarried or a tax benefit would have resulted from the divorce being granted at the earlier date. In such a case, the court may issue a nunc pro tunc order effectively granted the final divorce decree backdated to the earlier date. This order is only used when an act of the court has caused a delay and requires a leave of court. Furthermore, a nunc pro tunc judgment may only be used to serve as an act of justice. It is usually used in casings in which a clerical error or other type of omission has hindered the progress of a proceeding. In effect, this order means that the court recognizes the action as having taken place at the earlier date.
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