What is a decree absolute

Many people are often confused by the terminology used in divorce proceedings and commonly query what a decree absolute is. A decree absolute is effectively the final order which confirms your marriage has ended. This is the final process of legally being divorced. Once you have received your sealed certificate you can remarry should you desire to do so.

How to apply for a decree absolute?

Now that you are aware as to what is a decree absolute you would possibly be wondering as to how you can apply for a decree absolute. In order to apply for a decree absolute you will need to have been issued with a decree nisi from a family divorce centre. Following receipt of the decree nisi you have to wait for a period of 43 days before you can apply for a decree absolute.

If you are looking to apply for a decree absolute or simply want to query the consequences of doing so before concluding a financial settlement then our divorce specialists are happy to hear from you.

To apply for a decree absolute an application for a decree absolute will need to be made with the court which issued the decree nisi.  If more than 12 months have lapsed since the decree nisi was pronounced then along with the application for a decree absolute a statement in support must also be submitted to explain the reasons for the delay in ending the marriage.

Our team of family specialists have assisted hundreds of peoples in completing their application for a decree absolute. Should you require assistance in completing the decree absolute form we are happy to advise on how to conclude your divorce proceedings.

Who can apply for a decree absolute

Both the applicant (the party who brought the divorce proceedings) and the respondent can complete the decree absolute form and submit the decree absolute application to the court.  However, the time limits in which the application can be made varies depending on which party is make the decree absolute application. If the applicant is making an application for a decree absolute then they can do so 43 days after the decree nisi.

If the applicant has failed to complete the decree application form then the respondent can submit an application for a decree absolute 3 months after the applicant could have applied for this.

Applying for a decree absolute out of time

You would possibly be eager to know the implications of applying a decree absolute out of time. If you applying for a decree absolute out of time as well as completing the application for a decree absolute you must also provide the court with a statement of support.

This statement must outline the reasons for a delay. In many circumstances the reasons for apply for a decree absolute out of time is that the partners have not been able to resolve the issues surrounding their finances and assets.

In such scenarios our divorce specialists can assist you and can try and arrange for an undertaking to be signed by your partner to confirm that a decree absolute will not be applied for until the financial aspects have settled. You can then look to use this undertaking in support of applying for a decree absolute out of time.

How long does a decree absolute application take

Once you have completed your decree absolute form and submitted your application the courts will usually finalist your divorce within 2 to 3 weeks. Once the courts have processed your application for a decree absolute they will then send a decree absolute certificate which will prove that you are officially divorced.

— Q&A SECTION —

Can I apply for a decree absolute even though my partner initiated divorce proceedings?

It is worth noting that both the applicant and respondent can make an application for a decree absolute. If you are a respondent to divorce proceedings then a decree absolute example is where your partner has failed to make an application for a decree absolute and the 43 day time limit following the receipt of decree nisi has lapsed. You can contact our family law specialists who can assist you as a respondent in making an application of decree absolute in order to finalise your divorce. This will take place 3 months after the applicant could have first made an application for a decree absolute.

Can a decree absolute be granted before the 43 day limit set by the court?

Yes, a decree absolute can be granted earlier than the 43 days have lapsed after a decree nisi is granted. In exceptional circumstances the court may agree to dissolving the marriage earlier. An example of such urgency can be where a party urgently needs to remarry due to an arrival of a baby. If you have exceptional circumstances and would like to shorten the period between the decree nisi and decree absolute then contact our divorce law specialists who would be happy in exploring this option with you and guiding you through the process.

Our family law experts in York, Manchester or London can assist you with your queries regarding a decree absolute. We help clients nationally and should you require assistance please contact our specialists on 0330 094 5880 to discuss your options or let us call you back.

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Kabir Family Law Fulham

Kabir Family Law Fulham
Chester House
1st and 3rd Floors
81 - 83 Fulham High Street
Fulham
London
SW63JA

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Kabir Family Law Northampton

20-30a Abington Street
Northampton
NN1 2JA

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Kabir Family Law Oxford

1 & 3 Kings Meadow
Oxford
OX2 0DP

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Kabir Family Law Newcastle

Clavering House
Clavering Place
Newcastle upon Tyne
Tyne and Wear
NE1 3NG

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Kabir Family Law London
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Holborn
London
WC1V6BX

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3 Oakdale Road
North Yorkshire
York
YO30 4XL

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