Step 4
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Obtain Decree Absolute
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The Decree Absolute is the final certificate that legally dissolves the marriage. There is often a considerable delay between Decree Nisi and Decree Absolute while financial and childcare arrangements are negotiated. |
Overview:
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The Decree Absolute is the decree which ends the marriage. It will be granted once you have applied for it, provided that the arrangements for children have been approved. The application must be made on a form obtained from the court office, and sent with a fee.
Copies of the certificate which makes the decree absolute are sent to both partners by the court. The court will then issue the decree absolute on the date it receives the application. If you apply in person, the decree absolute will be given to you on the same working day. The date on the certificate is the date on which the marriage is dissolved. You can not remarry until the decree absolute is granted.
If you do not apply for the decree to be made absolute after six weeks, and still have not done so after a further period of three months, the respondent can apply for the decree to be made absolute. The respondent will also need to provide an affidavit setting out the reasons why it is s / he who is applying rather than you.
If you do not apply for the decree absolute within twelve months after the decree nisi, you will have to give a written explanation including reasons for the delay, usually by means of an affidavit.
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Process:
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The petitioner can apply for decree absolute on or after 6 weeks from the date of decree nisi. The court fee is £40. The decree is granted automatically on the petitioner’s application. No hearing is required.
If the petitioner does not apply for decree absolute the respondent can apply but not sooner than 3 months from the date the petitioner could have applied. This application is not automatic and will be heard by a judge.
If there is no application for decree absolute within 12 months from the date of decree nisi, either party can still apply for decree absolute but the judge will require a letter or affidavit which should:
- explain the delay.
- confirm that they have not lived together for more than 6 months.
- state whether or not a child has been born to the wife and if so whether the husband is the father of that child.
If the respondent defends the petition (i.e. denies the allegations and contests the petitioner’s claim for a divorce) the case becomes formally defended and in due course there will be a trial of the issues. Defended divorces are very rare and it is not the purpose of this note to explain defended divorce procedure. |
Frequently Asked Questions:
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When I get the Decree Absolute, does that mean I am divorced?
Yes, this is the final step and your marriage is legally over. You are now free to go ahead and re-marry.
I got Decree Nisi some years ago but we agreed finances informally, can I apply for Ancillary Relief?
Probably – so long as you have not remarried in the mean-time.
My ex and I have reconciled, can I cancel the Decree Absolute?
No, the divorce is final. However, you could re-marry your ex.
My ex applied for Decree Nisi, but is stalling on the Decree Absolute, can I apply myself?
Yes, once six weeks have passed since the Decree Nisi was issued, and once Ancillary Relief proceedings are complete, the respondent may apply for the Decree Absolute.
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Useful resources for this step:
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Free Resources 
