Decree Absolute

How will i know if the EX has applied for the Decree Absolute and will i automatically recieve a copy from the court? The 6 weeks was up last wednesday and i was hoping he would be waiting for the courts to open to get it done.... but i have yet to hear anything....

Hi Welshdoll

Why not phone the Court, quote the case number and ask them if an application has been made.

I'm not a legal expert so I dont know if you get a copy directly from the Court, but your solicitor should get a copy. Make sure you ask your solicitor to let you know when it is received. My sis-in-law was divorced for over 5 weeks, her solicitor forgot to send out the Decree Absolute to her!!!!!!

I cant wait to get to this stage, Decree Nisi not yet in place, still long way to go yet.

Cheers.
GKx

if it helps, You ex can apply for the DA 6 weeks and 1 day after the Decree Nisi. If this has been applied for you will receive a copy from the court direct. Depending on which court this is it may takle a couple of days or a couple of week. as said below you can phone them giving the case number and they can tell u if this has been applied for. If it has been made, you can say you have not received a copy and they should post to you, or you can collect it yourself from the court.

If you ex has not applied for DA, you can apply yourself but you have to wait for 3 months after the date that he can apply, so this will be 6 weeks and 1 day plus 3 months. there will be a £40 fee unless you are fee exempt. its easy to apply for, just a one page form of filing in the blanks.

Thanks for your replies,
will phone the court tomorrow to find out, I self Rep so assume the doc will come to my address, as we have not settled the financial part of our marriage that will be the next hurdle!!!!

if the finances are not yet sorted I would not yet apply for DA. It is better to hold off untill this is sorted, the main reason are to do with pensions and wills. unless he makes a new will and he dies you will get the money, if you are divorced you may not! pensions are also effected on divorce so best to hold off if you think this will make a difference.

and yes any court documents will come to the address that was on the divorce petition for you, unless you have notified them otherwise.

Hi

I applied for the divorce, still waiting to apply for DA because we are still sorting finances. I rang the court to ask could OH apply for DA cos it has gone the 3 mths period, and was told, cos i had applied for the divorce, the court would write and ask why he was after the DA and not me, and then we both go before the judge for the DA, If it goes passed a certain date, i have to go back and swear on oath, that things hadnt changed between us. Because i was worried that he might go and apply without my knowledge! Apparently he cant.


Hope this helps.

without worrying you Joy i was the petitoner whom was advised to not apply for the DA until finances were resolved my ex did apply for the DA i was not informed by my sols nor was i informed of the date for the hearing in which the DA was granted , i found out 10 weeks after the DA was granted.