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So it is a worthwhile part of the procedure and serves its purpose.In most cases, however, too much water has passed under the bridge and the obtaining of decree absolute is public recognition that the parties, who are already divorced in body and mind, are now legally divorced.
In some cases there is, in fact, a rush to decree absolute.
For example, if there is a potential bankruptcy on the horizon and a financial settlement needs to be implemented.
Or if there is a new baby on the way, and an urgent need to remarry.
I have been involved in one case where in such a case, exceptionally, the mandatory period was shortened.
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.
The Petitioner, who has initiated the process, files the marriage certificate on issue of the divorce petition. Obtaining a certificate of decree absolute from the court office.It is possible to be fully divorced without a financial settlement being resolved.At decree nisi stage the parties are almost, but not quite, divorced.The parties are still able to change their minds about getting divorced.That is why it is called : the Latin term for “unless.” There is a six week and one day minimum mandatory period between grant of decree nisi and decree absolute, so that if the couple do want to change their minds, they will remain married. I have one client who has twice obtained decree nisi from her husband, only to backtrack from the point at which the divorce was to be finalised.