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Applying for the decree absolute It is a straightforward process to obtain a decree absolute.
A single sheet application in a standard form is signed and handed in to the court office, together with a fee of £40.
After considering the statutory powers and following legal argument from both sides, His Lordship also found that there is an “inherent jurisdiction” of the High Court to delay making a decree absolute in appropriate cases.
The case of England v England (1980) 10 Family Law 86 was a Court of Appeal decision where the court delayed decree absolute until a maintenance order had been made in favour of the children.
Similarly, a religious divorce may be required to be in place before the parties are finally divorced. Lawyers do argue then about the circumstances in which decree absolute should be delayed.
The Petitioner husband obtained his decree nisi of divorce, and the wife applied for the decree absolute to be postponed. The facts of the case are set out in the law report and I do not intend to comment on them. In paragraph 17 of his judgment Mr Justice Baker set out the law, having heard submissions from James Turner QC for the husband and John Wilson for the wife.
If one party wants the divorce to be finalised but the other does not, and the parties’ finances have not been resolved, may the decree absolute be delayed? The divorce process in England is conducted in three stages: 1. When a divorced person wishes to remarry, a sealed copy of the decree absolute must be produced as evidence the party is legally free to do so.
It remains lodged with the court and in return, on decree absolute, the certificate bearing the court seal is the effective “swap.” The parties are legally divorced only when there has been a grant of decree absolute.
One example is when vital benefits could be lost if one party was to predecease the other without a court order being in place for a financial settlement – and if the losing party cannot properly be compensated out of the other assets for the loss.
It is very rare indeed for someone to die during divorce proceedings, but it can still happen.