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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Decree Absolute - tell me everything!

8 replies

CallMePea · 29/11/2018 20:23

Evening folks,

My ex is the applicant in our divorce. He applied yesterday for the decree absolute. Can anyone tell me the process?

Is it a form he submits to the court, and therefore do we have to wait for them to process it? (Big backlog!) or is it done online/over the phone?

How long did it take you for your decree absolute to come through?

In the end in was a terrible, emotionally abusive relationship, I'm like a child at Christmas waiting for the divorce to be finalised. I'm so excited, I can't wait to be free!

So if anyone knows how it goes.. let me know? :)

OP posts:
SpaSushi · 29/11/2018 20:31

6-8 weeks i think.
Form posted, not online.
It doesn't actually say decree absolute as a heading ir anything IYSWIM- took me a while to realise that's what it was

OccasionallyIncomplet · 29/11/2018 20:56

I recall the process as follows. As your (soon to be ex-husband) has filed, you will shortly receive notification from the court stating it has been filed. It will also contain the reason as to why divorce is applied for (as I'm sure you are aware, you have to 'qualify' for divorce by meeting certain conditions). You need to check you are happy with the reasons listed as if you consent, that it what will be submitted to the court and if granted, will become public record. If you are unhappy then you should seek legal advice.

If you consent after consideration by a judge, a Decree Nisi (sic?) is granted. Once this is granted you then have to wait another 2 months and the petitioner (soon to be ex) applies for this to be made decree absolute. At that point your are divorced.

If you get to Nisi stage and don't apply for absolute, you are not divorced and I thin after 12 months, you have to start the process again.

The judge is going to want to know what arrangements you made finically and if there are kids. They are generally there to make sure the process is conducted legally and to have an overview that things are 'roughly' fair (not one person getting everything). They can deny the Nisi if they think there are elements of coercion or abuse. With that in mind, you will be asked in the paperwork you receive about such matters.

I think that's about it? Don't forget to have a divorce party. Happy to answer further questions or if someone realises I've got it wrong, please comment.

OccasionallyIncomplet · 29/11/2018 20:57

Excuse the numerous spelling errors!

CallMePea · 29/11/2018 21:47

Thanks guys :)

Nisi received last month, consent order/clean break has been done and sent to the court. Just awaiting the judges sign off.
That'll come at some point after Christmas I guess.

Definitely need to throw a divorce party! Or if not, a bottle of wine and a cake for myself haha.

OP posts:
Familylawsolicitor · 29/11/2018 22:01

This reply has been deleted

Message withdrawn at poster's request.

CallMePea · 30/11/2018 09:12

I bloody hope it comes quickly. I can't wait to have it done!
Our local court has said 6-8 weeks until the judge sees the consent order for the first time. You're right though it'll probably be longer.

OP posts:
SpaSushi · 30/11/2018 14:47

My absolute was 6-8 weeks this year

CallMePea · 30/11/2018 15:46

Bloody hell quite a wait then!

OP posts:
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