How long I have before I apply fo Decree Absolute

Hi,
I have decided to file for divorce ASAP on grounds of adultery. I think the sooner the better. The only thing I am not sure about is if there is a dead line for applying for Decree Absolute after your Decree Nisi was granted. I mean, for example, if our negtiations regarding the financial settlement take a long time. I don't want to feel rushed into any decisions.

Hi Semanta

Once 6 weeks and 1 day have passed from the date of the Decree Nisi, the petitioning party may apply to the court for the Decree Absolute by completing a simple form and paying the appropriate fee. Some sols will advise clients to delay applying immediately for the Decree Absolute, where for example financial issues have not been resolved. If one of the parties to the divorce applies for the Decree Absolute before finances are sorted out and the other party dies there may be a loss of financial benefit.

If the petitioning party does not apply for the Decree Absolute then 4½ months after the Decree Nisi the other party may apply to the court for a Decree Absolute. The court however does not grant the application without first hearing argument from any party who attends court. .This type of hearing however is rare. and in the vast majority of the cases it is left for the petitioner to apply for the Decree Absolute when they are ready. If, for any reason, the petitioning party has not applied within 12 months then the court usually requires a simple Affidavit to be filed with the application for the Decree Absolute explaining the delay.

I would suggest you speak to your sols, and see what thier advice is, as you say, you dont want to feel rushed into anything.

Ruby

Hi Smetana,

In addition to what Ruby says, I'd add that unless there really is a pressing need for you to be legally divorced (eg you wish to remarry very quickly), then applying for the absolute before resolving the finances won't bring you any benefit.

Kind regards,

YA