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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 Application “Out of Time” - Timescales for Approval

9 replies

Timeforachange2023 · 20/01/2023 21:49

Hi all,

I am the respondent in divorce proceedings. They started a long time ago under “old law”. Decree Nisi was granted in September 2021

The financial consent order has now been approved and sealed and my ex (the petitioner) applied for the Decree Absolute 1.5 weeks ago.

As the application is being made >12 months after the Decree Nisi was granted, it is being made “out of time”, and therefore needs to be considered by a judge.

Does anybody have any experience of this and how long it typically takes for the Decree Absolute to be granted in these circumstances?

Thanks

OP posts:
Lonecatwithkitten · 21/01/2023 17:47

We both had to sign documents to say we had not reconciled in any way since the DN and then the DA was issued by the court. My solicitor had anticipated this and had sent the documents with the application for DA.

annonymousse · 21/01/2023 17:48

Same as pp. we had to swear affidavits to obtain the decree absolute.

Timeforachange2023 · 21/01/2023 21:38

Thanks both for your replies - very helpful!

The petitioner’s solicitor has done as you describe and a signed statement has been submitted with the application for DA.

Do either of you recall how long it took for the DA to be issued once the court

OP posts:
Timeforachange2023 · 21/01/2023 21:40

……had received the application for DA?

OP posts:
annonymousse · 21/01/2023 21:48

It was a long time ago sorry. Really can't remember. I do remember it arrived on the wedding anniversary which was nice 🙄

Timeforachange2023 · 21/01/2023 21:54

annonymousse · 21/01/2023 21:48

It was a long time ago sorry. Really can't remember. I do remember it arrived on the wedding anniversary which was nice 🙄

Thank you

OP posts:
Jena151 · 04/06/2024 11:17

Hi, I’m in a similar situation. After submitting out of time statement, how much time did it take to get decree absolute in your case? Thanks

WeDeserveBetter · 04/06/2024 14:17

I had to do an out of time order in January 24, it took about 4 weeks to be looked at and then the Final Order was processed within about 48h

Jena151 · 04/06/2024 17:20

Thanks for the reply 🙏

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