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 copy 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.
If you have lost your decree absolute?
You can get a replacement decree absolute by contacting the Court that issued the original. It will cost £10 if you can provide your case number or £45 if you don’t. A copy can be requested via email or post, which must include your name, the case number, your address and how you would like to pay. A cheque or postal order must be payable to HM Courts & Tribunals Service. You can also pay by card in which case you will need to provide a phone number in your letter or email, for the courts to call you on.
The following link will help you locate the right court and its contact details https://courttribunalfinder.service.gov.uk/
In the event that you don’t know which court issued the original, the fee will be £65 and you will need to fill in form D440 and send it to the address on the form.
Decree absolute for ex-pats
If you were married in the UK but chose to get divorced overseas a year or more after leaving the UK, you will receive that countries equivalent of a decree absolute, but you should still make the family courts of England & Wales aware when your divorce has been granted.