Divorce can be a complex and emotional process, especially when it comes to understanding the legal aspects. Though the law has changed as of 6th April 2022, in many cases, decree absolute remains a crucial document that marks the end of a marriage in England and Wales. But what exactly is it, and how does it fit into the divorce process?
In this article, we will delve into the details of what the decree absolute is, how it fits into the overall divorce process, and the changes to the law surrounding divorce to provide you with the knowledge you need to navigate this challenging time.
Decree Nisi and Decree Absolute: Before the Law Changed
For divorce applications made before 6th April 2022, the powers exercised under decree nisi and decree absolute are very different. Let’s take a look at the terms ‘decree nisi’ and ‘decree absolute’ and what they mean in relation to divorce proceedings in England and Wales.
What is a Decree Nisi?
Decree nisi is a legal step that is part of a court process known as seeking a divorce. A decree nisi, or provisional decree of divorce, refers to the first instance in which the court has acknowledged the grounds for divorce and agrees that there is sufficient evidence for it to be granted. Couples who start proceedings before 6th April 2022 are likely to receive a decree nisi as part of their divorce process.
Any couple undergoing separation needs to gain a decree nisi or conditional order from the court in order to progress. These conditions within the law have been set up by statute with the aim of ensuring there is sufficient justification, information and waiting time leading up to a divorce being granted.
Anyone wishing to obtain a divorce should wait at least twenty weeks after starting legal proceedings before applying for this stage of their hearings – provided that all relevant documents have been successfully served on the other party. Once this point has been reached, it is likely that the court will grant the necessary hearing and make an order towards either granting or refusing permission for the final dissolution of marriage between both parties.
Receiving a decree nisi is the final step in the process of divorce, and it usually takes place roughly three to six months after the filing of the original petition. Once the court has processed the petition, they will send out a decree nisi for both parties to review and accept, signalling that you have satisfied all legal requirements for the divorce. This document serves as provisional notice from the court confirming that they no longer view you as married.
What is a Decree Absolute?
A decree absolute is the deciding decree of a divorce which will dissolve the marriage. Once the decree nisi – the provisional decree of a divorce – has been successfully achieved, the applicant must wait for at least six weeks and one day to make their application for a decree absolute. This legal document signifies that any current marriage bonds have now been broken and confirms that both parties are free from all marital obligations or rights.
For divorces started on or after 6th April 2022, there is a new equivalent to the decree absolute called the ‘Final Order’, which can be applied for six weeks and one day after the Conditional Order has been made. Generally speaking, if both parties have jointly applied for both the divorce and conditional order, then they may also apply for the Final Order jointly as well. Once this legal document is made, it is official confirmation that neither party hold any further legal obligations towards the other resulting from their marriage.
The terms of the decree absolute or Final Order can be varied to accommodate any special circumstances. This might include an agreement regarding child contact arrangements, financial provisions, or a spousal maintenance arrangement. If both parties are in agreement about the proposed arrangement, then it is likely that a court will approve the change with relative ease. It is important to ensure that all agreements are drawn up properly and accurately, as these will be legally binding.
How to Apply
If your divorce application was issued by a court, you will need to follow certain steps in order to complete the process. Firstly, you should consider whether you need a legally binding arrangement to divide money and assets, in which case you must apply to the court for this before applying for a Final Order or decree absolute. This is an important step as it ensures that both parties are properly compensated and that any minor disputes are addressed in a timely way.
When making your application you should ensure that all required documents are included. These could include divorce papers, marriage certificates, financial records, property deeds, and child care arrangements if appropriate. Additionally, there may be additional forms such as affidavit evidence confirming facts relating to your split that also need submitting with the application. It’s essential then that all paperwork is filled out correctly as incomplete applications can lead to significant delays or even rejection of the application. Finally, when ready you must submit your completed application with any required fees directly to the court either online or by mail. Remember to keep copies of all important documents in case they are lost in transit and further proof is needed at a later date.
Applying Before 6 April 2022
If your divorce application was issued by a court before 6 April 2022, you are eligible to apply for a decree absolute. If you applied for the divorce online, you will be able to make an application using the same online process. You will need to select ‘Apply for a Decree Absolute’ at the end of the divorce application online and submit it along with any documentation required.
For those that applied through the post, they can fill in an application for a decree absolute and submit all necessary documents with it. This must be sent to the same court that granted your divorce before 6 April 2022 in order for them to consider your request. Once approved, you can then proceed with getting married again as legally ordained by the law or by other religious or cultural ceremonies.
Applying After 6 April 2022
You can submit for a Final Order as a sole applicant even if the initial process was initiated jointly between the two spouses. Furthermore, any applications should be made within 12 months of receiving the conditional order or decree nisi in order to avoid having to explain any delays to the court. This timeline is important and should be adhered to so that you can move forward with separation from your former spouse in an effective and timely manner.
To apply for a Final Order, you must download and fill out the relevant application form from your local court website. You will need to include proof of identity such as a valid driver’s license or passport, your decree nisi, and any other court orders related to your divorce. It is important to double-check all information provided on the application before submitting it as any errors may delay the process.
In addition to the Final Order application, you must also pay a court fee, which varies depending on your circumstances. Once these are completed and submitted, the court will review your divorce paperwork and may request additional information if necessary. If all requirements have been met, you will receive a sealed copy of the Final Order in the post.
After Your Apply
After an individual has applied for a divorce, the court will conduct a thorough review to ensure that all of the time limits and other legal requirements have been met. Additionally, they will double-check for any circumstances which could impede or block the granting of the divorce. If everything is in order, both parties involved in the divorce process will receive a Final Order or decree absolute from the court. In cases where someone has used a solicitor to file for their divorce, this document will be sent to them instead. Therefore, if an individual would like to view their decree absolute or Final Order, they should contact their appointed solicitor.
Overall, it is important to remember that obtaining a divorce can be subject to various rules and regulations which must be adhered to before it can be finalised. By being aware of these procedural steps and understanding what happens after you apply for your divorce, it can help ensure that the process runs as smoothly as possible.
What Does a Decree Absolute Look Like and How Do I Obtain a Copy When Lost?
Typically, a decree absolute will take the form of a standard-sized sheet with several key elements printed on it. At the top will be details about who applied for which type of divorce, followed by information regarding legal proceedings that have taken place. The details stated should confirm both parties agree to this divorce and that their maternal titles have ceased use due to marital dissolution or civil partnership ending. Finally, there will be signatures — one from each petitioner — that signify they agree with all terms of the decree absolute document. Upon signing these forms and completing all necessary steps in relation to filing hard copies with courts, an official document can be issued vesting dissolved status between the two parties involved.
If you need to get a copy of your decree absolute or Final Order, it is important to know the details about the divorce, dissolution or annulment in order to access the correct documents. The first step is to contact the court that issued the original document and request a copy — you may be able to obtain this through their website if they provide such a service. It may also be possible for you to locate this information by using free online resources such as The National Archives. Once you have found all the relevant information, you must follow any requirements for obtaining an official copy of the document from the court that issued it.
In some cases, obtaining an official copy of a decree absolute or Final Order can be done directly from GOV.UK by filling out an application form. This form requires applicants to provide certain information about themselves and details of where they want their decrees sent after being processed. Payment should also be made either online or over the phone before provisionally having your application dated and processed. After processing, GOV.UK will then send out electronic copies or physical copies by post, whichever is requested with your application form.
What is the Purpose of the Waiting Period?
The purpose of the six-week ‘waiting period’ between the decree nisi and the decree absolute is to allow both parties involved in a divorce to take a ‘cooling-off’ period to reflect on their relationship and consider whether they want to continue with the divorce. During this time, it also allows them to negotiate a financial settlement and draw up a financial consent order, which will take effect once the decree absolute has been granted. This period of reflection can be beneficial for both parties as they can calmly discuss issues such as child arrangements, financial settlements and decide if they are indeed ready to move forward with ending their marriage.
The six weeks between one court ruling and another also helps to reduce tension and emotional stress from mounting problems throughout a long divorce process. It allows each party involved in the divorce proceedings some space away from each other.
A ‘Speedy Divorce’
When it comes to divorce, there’s often a misconception that an uncontested divorce can be processed quickly and easily. Unfortunately, this is far from true; the courts follow very strict procedures when it comes to ending a marriage. Although one partner may be eager to receive a quickie divorce, the process of dissolving a marriage usually takes some time and requires adherence to certain regulations.
It’s important to note that even if you obtain a decree nisi quickly, there still remains an additional wait before receiving a decree absolute and thus officially ending your marriage.
What Happens if I Don’t Apply for a Decree Absolute?’
If a petitioner does not apply for a decree absolute, the respondent must then wait an additional three months from the initial 43-day cooling-off period before they can apply. If neither spouse submits an application for a decree absolute within 12 months of it being issued, then the decree nisi will elapse.
It is important to note that if no applications are made or any delays in doing so are unexplained to the court, then eventually the divorce process may be deemed incomplete and the marriage will remain legally intact. To avoid this, either spouse should aim to make their application as soon as possible after receiving the relevant documents. This will help ensure both parties receive closure and proceedings are finalised according to due process.
How Long Does a Divorce Take?
No one goes into a divorce expecting it to be easy, but understanding the details of the divorce process can help ease some of the worry and stress. When facing the end of a marriage, people often want to know how long a divorce takes on average.
In the UK, there is a minimum amount of time it takes for a divorce to be completed. Generally speaking, it will take 26 weeks (approximately 6 months) from start to finish before your marriage is legally dissolved. If there are disagreements between spouses regarding certain issues, the divorce could take longer than its expected six-month period.
Costs Involved
The costs involved in getting a decree absolute will vary depending on factors such as who handles the paperwork, whether court proceedings are needed, and whether any disputes or complications arise along the way
It is important to budget for the costs associated with getting a divorce or dissolution. The most significant payment is the court fee, which stands at £593 in England and Wales. If you have chosen to use a solicitor to handle the process, there could be additional legal fees to pay, so it is worth shopping around before making your decision. However, in general, divorcing couples can expect fees in excess of £1000 for solicitors’ fees and court costs.
In some cases, you may want to share the court payment with your partner if they are also part of the application. In this case, it’s important to get payment in full from your partner before paying the fee yourself; this will ensure that any subsequent documentation or records accurately reflect who has contributed what amounts towards the cost of the application process.
Conclusion
In summary, the decree absolute is an important document that finalises divorces in cases where the divorce application was made before 6th April 2022. The steps to obtaining a decree absolute in the UK involve filing for divorce and going through the 26-week process of receiving a decree nisi. Once this is complete, both parties can apply for a decree absolute that officially ends the marriage. There are costs involved in getting a decree absolute, including court fees and any additional solicitor’s fees. It is important to budget for all of these before making your application.
If you are considering getting a divorce in England and Wales, it’s advisable to seek legal advice from a qualified solicitor who can guide you through the process and provide more accurate information based on your specific situation.
