Marilyn Stowe Blog

Decree Absolute

The decree absolute is the last stage of any divorce and the document that legally ends a marriage. When the decree absolute has been issued, the parties are free to marry again.

It is a straightforward process to obtain a decree absolute. A single sheet D36 application is signed and handed in to the court office, together with a fixed fee (at the time of writing, November 2011, this is £45). The court office seals and issues a certificate of decree absolute.

When can you apply for a decree absolute? Answer: it depends. If you were the one who issued divorce proceedings, you may apply to the court for a decree absolute six weeks and a day after the decree nisi was issued.

If your spouse issued the divorce proceedings, you must wait an additional three months, meaning that the earliest you can apply is three months, six weeks and a day after the decree nisi was issued.

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About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 25 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK.

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Note

I write for the benefit of those who are experiencing family breakdown and for fellow family law professionals. Please note that all persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients.

Please also note the advice I give in each scenario must not be relied upon by anyone reading my blog. You must always take your own legal advice as your circumstances may be different and English family law is continually changing.

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