Transcript for Divorce Advice: Decree Absolute – Top Divorce Lawyer Marilyn Stowe
Decree absolute is one of the most popular topics on my blog, www.marilynstowe.co.uk. We have had hundreds of questions to the blog about decree absolute because to the average person in the street it’s very mystical, but to lawyers it actually isn’t.
When you apply for decree absolute you will be formally dissolving your marriage.
You will have got decree nisi, which means ‘decree unless’, and then six weeks will have passed before you can apply for decree absolute.
People are very hesitant about applying for the final order because they’re worried it will affect their finances. The advice I would give to those people is: will it affect your financial settlement?
It’s quite a long shot, but if your spouse dies between decree nisi and decree absolute and you don’t have a financial settlement in place then you would no longer be his or her widow or widower. If that happens, you might lose out on automatic benefits that you would have got had you still been married. For example: a widow or widower’s pension. Similarly: state benefits.
If you’re not going to automatically lose out on benefits, or any benefits that you might lose out on can be covered in terms of the assets anyway, then there’s probably no reason at all why not to go to decree absolute.
Take legal advice on your specific circumstances, but remember that it’s not as big a deal as you might think. Having decree absolute is necessary to put into effect the terms of a financial order anyway.
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