Decree Absolute – What is it and Where can I get one?
What is a Decree Absolute?
A decree absolute marks the end of the divorce process and officially states that you are no longer married and are free to marry.
What’s the difference between a Decree Nisi and Decree Absolute?
One of the common questions we receive here is what’s the difference between a decree nisi and a decree absolute?
Often many get confused between the two as they both mark the final stages of divorce.
A Decree Nisi is confirmation from the court that the grounds for divorce have been proven and that the marriage has broken beyond repair. This does not, however, mean that you are now divorced and you are still not able to re-marry.
Although a Decree Nisi marks the final stages of a divorce it’s always important to remember that your divorce is not definite until you have received your decree absolute.
It is however unlikely that something is to arise in the 6-week + 1 day timeframe between your decree nisi and your decree absolute that will stop the divorce from going ahead.
How do you get a Decree Absolute?
Every divorcing couple wishes there was a way to fast track to the final stages of divorce but unfortunately, this is just not possible.
To be able to receive your decree absolute you have to go through the whole divorce process. This normally takes around 6 months. This time frame can expand depending on how amicable your divorce is.
If your divorce has been approved by the judge and you have issued the decree nisi you can then apply for your decree absolute after the 6 weeks +1 day waiting period. Once you’ve applied for your decree absolute it generally takes two-three weeks to arrive.
How to apply for a Decree Absolute?
Once you have waited 6 weeks and 1 day you will be able to file a decree absolute form (form D36).
The judge will look at your case to ensure you have met the specified time limit and ensure that nothing has changed within your case that could prevent your divorce from being approved. If the judge is satisfied that everything is valid they will then graunt your decree absolute.
Both you and your former spouse will receive your official decree absolute in the post.
It’s important to know that although you have to wait 43 days before applying for your decree absolute, you also have to apply within 12 months of being issued with your decree nisi. If you don’t, you will have to explain your reasoning to the court.
Here are a few useful blog posts that would be beneficial in helping you understand the divorce process and get you closer to receiving your decree absolute:
Need another Copy of your Decree Absolute?
Once receiving your decree absolute many file it away in a safe place, however, as we all know that safe place sometimes gets forgotten. If this happens and you lose your decree absolute then do not worry as you are able to receive another copy.
To get a copy of your decree absolute you need to contact the court where your divorce took place if you know your case number it will cost you £10.
If you cannot remember your case number then you have two options: 1. If you know roughly the date of your decree absolute they will search 5 years around that date 2. If you do not have a rough date then the court will search the past 10 years of records and this will cost you a total of £45 per 10 years searched.
How can we help?
Quicke Divorce has been specialising in online divorce since 2003 and have helped over 150,000 people in the process.
We offer a stress-free divorce process with constant support throughout. Our aim to save you over £750 compared to high-street solicitors.
Contact one of our friendly divorce advisors today on 01793 384 032 for a free consultation.
We aim to save you time, stress and money on your divorce. We have helped over 150,000 people get divorced and have saved them on average over £750 each.