An absolute decree is a final ruling in UK divorce proceedings, making a divorce official and legal. It follows the nisi decree, a temporary order. The applicant must state the reason for the divorce and provide evidence. The court sends notice to the defendant, including a possible settlement agreement. Six weeks after the nisi decree, the applicant can apply for an absolute decree, making the divorce final. A copy of the decree is recommended for future legal transactions.
An absolute decree is a final ruling by a court. Most often used in United Kingdom (UK) divorce proceedings, an absolute decree is the final step that makes a divorce both official and legal. It is often used in contrast to the nisi decree, which is a temporary order given until the absolute decree is decided.
Although the divorce procedure in the UK is relatively straightforward, many people are confused by the issuance of an absolute decree and its predecessor, the nisi decree. When a person files for divorce, the applicant is first granted a nisi decree. To obtain this first step, the petitioner must demonstrate that the marriage lasted at least one year and took place mainly within a region governed by the United Kingdom, such as England or Wales. If the couple does not meet the 12-month qualification, they may be able to receive an annulment, also called a nullity.
When filing an application for divorce for a final judgment, the applicant must state the reason for the divorce. While it is acceptable to divorce on the basis of irreconcilable differences, the applicant must provide evidence in one of five categories explaining why the marriage is irrecoverable. These categories include adultery, unreasonable behavior, long-standing desertion, or mutual separation several years in the past. If the spouses have been separated for more than five years, the consent of the other spouse is not required to obtain an absolute decree.
The conditions being met, the court will send notice of the divorce filing to the other spouse, known as the defendant. The notification will include a possible settlement agreement that includes distribution of assets, custody agreements, and spousal support requirements. In order to pass the nisi decree order quickly, couples should agree on these points before filing the application. If the defendant agrees to the terms, he signs the notification and the court issues a nisi decree.
Six weeks after the order of the nisi decree, the applicant can apply for an absolute decree. This procedure is not unlike divorce law in the United States, where there is generally a waiting period between the judge admitting a signed divorce agreement and the decision becoming final. The main difference is that this type of decree requires a second filing by the plaintiff, whereas in US law, divorce becomes final in absentia unless the plaintiff withdraws the filing.
Once an absolute decree has been issued, the divorce is final. This leaves the participants free to remarry as soon as they wish, even to each other. Keeping a copy of the decree is recommended by legal professionals, as some future legal transactions, including remarriage, may require a copy as proof of a final divorce.
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