In most cases too much water has passed under the bridge and the obtaining of decree absolute is public recognition that the parties, who are already divorced in body and mind, are now legally divorced.For most, it is the final orderly step to the beginning of a new life and new, guilt-free relationships.
A Respondent should also note that if remarriage occurs without having issued a financial application in the divorce proceedings, his or her entitlement to a financial settlement may have gone.
So don’t remarry without having checked your legal position.
In some cases there is, in fact, a rush to decree absolute.
For example, if there is a potential bankruptcy on the horizon and a financial settlement needs to be implemented.
That is why it is called : the Latin term for “unless.” There is a six week and one day minimum mandatory period between grant of decree nisi and decree absolute, so that if the couple do want to change their minds, they will remain married. I have one client who has twice obtained decree nisi from her husband, only to backtrack from the point at which the divorce was to be finalised.
So it is a worthwhile part of the procedure and serves its purpose.
I receive a massive number of comments on this blog concerning the decree absolute.
It seems to be the one stage of the divorce process that causes most confusion, and so I thought it might time to look at it in a little more detail and consider the important steps to take once it has been granted. Obtaining a certificate of decree absolute from the court office.
I have waited and waited and never get a reply from my wife’s solicitor. The divorce process in England is conducted in three stages: 1. When a divorced person wishes to remarry, a sealed copy of the decree absolute must be produced as evidence the party is legally free to do so.
It is possible to be fully divorced without a financial settlement being resolved.
Just this weekend a further example of the 163 queries I’ve so far received was submitted: I have been going through a divorce in the last two years and now seem to be at a dead end. The Petitioner, who has initiated the process, files the marriage certificate on issue of the divorce petition.