Divorce Procedure in Simple Terms (Part 3)
The earliest date you can apply for your Decree Absolute is 6 weeks and 1 day from the date of the Decree Nisi. To do so you simply complete an Application form which is filed at Court with a fee (currently £40).
The Application does not need to go before a Judge and is simply processed by the Court office. The Decree Absolute is sent out usually within a week of receipt and is sealed with a red Court seal. It is important to keep the original as you may need it if, for example, you intend to remarry.
If you are the Respondent in the Divorce then you can also apply for Decree Absolute but not for a further three months after the Petitioner could apply. You will need to apply “on notice” and the Court will list this for a short hearing to decide whether the Decree can be granted on your application.
Once the Decree Absolute is pronounced this means that you are divorced and free to remarry. You should be aware that Divorce affects inheritance under a Will and you should therefore ensure that you take advice from a Solicitor specialising in Wills as it may be necessary to amend your Will.
