A decree absolute is the final order which ends a marriage. It comes in the form of a certificate and confirms that the marriage between you and your spouse has ended. This application can be applied for 43 days (six weeks and one day) after the initial application for the divorce. However, it may be beneficial to delay the decree absolute application within circumstances where financial issues need to be resolved.

Applying for a Final Order

The decree absolute is applied for through a D36 form. This application can only be made once 43 days have passed from the date of the initial application of the divorce. It is important to ensure that this time has passed before making the decree absolute application. This is because if the application is received by the courts prior to the six week timeframe, then the decree absolute is at risk of being refused by the courts.

If twelve months have passed between the date of the decree nisi and the decree absolute application, it is required that the court are provided with reasoning as to why the final application for the ending of the marriage has not been made.

Once the decree absolute has been applied for, it can take the courts a couple of weeks to process the application. The courts within this process will ensure there are no reasons not to grant the divorce and that all time frames have been met. The usual amount of time it takes for you and your ex-spouse to receive the decree absolute certificate is two to three weeks after sending the application. This certificate, once received, confirms that the marriage is over.

The Financial Order of the Decree Absolute

When the breakdown of a marriage occurs, there are certain assets you are entitled too. If you apply for a decree absolute before the financial order of the divorce has been made and these assets haven’t been divided, it may mean that you are left at a disadvantage.

Resolving the financial issues of a divorce can be difficult. It is therefore beneficial to agree with your spouse to not apply for the decree absolute until all financial issues have been resolved. This is because there are circumstances where assets can only be transferred and divided between spouses. For example, trust funds and pension funds cannot be transferred except to a spouse. Therefore, it is beneficial that you and your spouse remain married until the court have granted a final order for the financial assets of your marriage.

In addition to this, it must be considered that potential issues may arise. For example, if your spouse passes away at the same time the decree absolute is granted. You may miss out on some entitlements. Therefore, by delaying the decree absolute application, it allows the financial issues of the divorce to be resolved. If you are still married at the time of the death then the assets will be divided in accordance with their will. However, in these circumstances, legal advice would be beneficial to help resolve these complexities.

Contact Us

If you require any further assistance in respect of divorce proceedings, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, complete our online enquiry form and a member of our team will respond, or please call 01902 328 365.