If more than a year has passed since the pronouncement of decree nisi, the application is slightly more involved. It will be necessary to explain to the Court, usually in the form of a written statement, why such a length of time has elapsed; you will need to confirm that the parties have not cohabited together, or, that a child has been not been born to you in the intervening period. Often such delays in applying for occur because time was needed to sort out the financial settlement.
When the petitioner sends the decree absolute application to the Court, the Court should process and pronounce it the same day though it usually takes 2-3 weeks for you to receive the legal document that will dissolve your marriage. Spouses are only legally divorced once decree absolute has been pronounced. place. If a divorced person later wishes to remarry, a photocopy of the decree absolute will not suffice. A sealed, tue version of the decree absolute must be produced as evidence that a divorced person is legally free to remarry.
It is possible to be divorced and remarry without the finances having first been resolved but that person’s entitlement to a financial settlement may be lost. This is the so-called ‘remarriage trap’. It is therefore very important to take legal advice if you are considering remarrying.