Should I wait to apply for Decree Absolute? 

The Decree Absolute is the final order in divorce proceedings which dissolves your marriage. This legal document is evidence that your marriage has ended and that, if you wish to, you could remarry. We would always advise clients to keep the decree absolute in a safe place but you can obtain a copy from the Court if you know the Court number. The Court will likely charge you a fee for this, 

The Decree Absolute can be applied for by the Petition after 6 weeks and one day after the Decree Nisi was issued. If you are the Respondent, you can apply for the Decree Absolute after 3 months after the date upon which the Petitioner could have applied for it. Usually, if the Respondent applies for the Decree Absolute, the Court will need to review the papers and/or list a hearing to determine this. 

If neither party has applied for the Decree Absolute within 12 months of the Decree Nisi then you would need to explain to the Court why there has been a delay. This is usually done in a short statement. 

If you have not reached an agreement on the split of the matrimonial assets then we do not usually advise people to apply for the Decree Absolute. Some assets of the marriage could be affected if you are no longer married. This most commonly relates to pensions, where if you are no longer spouses  and one parties dies ,without the finances being agreed, then the surviving spouse could potentially lose out on any automatic spousal benefits that would have been paid. 

If you would like advice on divorce and finances, please contact Danielle on 01243 790 532 or email 

This blog is for information purposes only and should not be interpreted as legal advice.