The decree absolute marks the final stage in the divorce process in England and Wales. Now known as a final order under reforms introduced in April 2022, a decree absolute officially ends a marriage or civil partnership, meaning both parties are legally divorced and free to remarry if they wish.

Understanding what a decree absolute is - and what it is not - can help you feel more prepared as you work through the entire divorce process. In this guide, we will explain the decree absolute (meaning the last step in the divorce process), why it is now referred to as a final order, and what a decree absolute looks like. We will also outline the difference between decree nisi and decree absolute, how to apply for a decree absolute, how long a decree absolute takes, and what happens if there are financial aspects still to resolve.

What Is a Decree Absolute?

A decree absolute or final order is the legal document that officially ends a marriage or civil partnership. Once issued by the family court, it confirms that the parties are legally divorced, and their marital status has changed.

A final order follows the granting of a conditional order, formerly known as a decree nisi. Once the court grants the final order, the marriage or civil partnership is legally dissolved. Both parties are free to remarry or enter into a new civil partnership, and their financial ties can be fully resolved where a financial settlement has been reached.

The final order is a court-issued document that may be needed as proof of marital status when dealing with banks, mortgage lenders, pension providers, or other organisations after divorce proceedings. It marks the final stage of the divorce process and provides formal confirmation that the marriage has legally ended.

Why Is a Decree Absolute Now Known as a Final Order?

The term ‘decree absolute’ was renamed ‘final order’ following changes introduced by the Divorce, Dissolution and Separation Act 2020. These reforms, which came into effect in April 2022, introduced “no fault” divorce and modernised the language used in divorce proceedings to make it clearer and more accessible.

Under the updated legal terminology, a conditional order replaces the decree nisi, and a final order replaces the decree absolute. While the terminology has changed, the purpose remains the same: the final order formally and legally ends a marriage or civil partnership, marking the conclusion of the divorce process.

Despite the change in terminology, many people, court documents, and legal professionals still refer to the decree absolute, especially where divorce applications were made before the reforms took effect.

What Does a Decree Absolute Look Like?

A decree absolute is a short but important legal document issued by the family court. It serves as official proof that a marriage or civil partnership has been legally dissolved.

The document typically includes key details such as:

• The court’s name and location.
• The names of both parties involved in the divorce or dissolution.
• The date when the decree absolute was granted.
• The court case number or reference.
• Confirmation that the marriage or civil partnership has been legally ended.

In England and Wales, a decree absolute usually appears on a plain sheet of paper with a court stamp. It is not a lengthy or complex document, but it carries vital legal significance. It is important to retain the original decree absolute, as you may need it to prove your marital status when dealing with official matters such as remarrying, updating financial records, closing joint bank accounts, or liaising with pension providers.

If the decree absolute is lost, a replacement can usually be requested from the court, although there may be a fee and processing time involved.

What’s the Difference Between Decree Absolute and Decree Nisi?

The decree nisi and decree absolute are two separate stages in the divorce process, each serving a different purpose.

A conditional order (decree nisi) is the court’s confirmation that there is no reason why a divorce or dissolution should not be granted. It does not end the marriage or civil partnership but acts as an interim stage, allowing time for any final objections or financial agreements to be raised before the relationship is legally dissolved.

The final order (decree absolute), on the other hand, is the final legal document that officially ends the marriage or civil partnership. Once this is granted, both parties are officially divorced and the marital status of each person changes. Understanding the difference between decree nisi and decree absolute helps in recognising when the marriage is still legally in place and when it has formally ended.

Read our guide to find out more about the definition of a decree nisi.

How to Apply for Decree Absolute

To legally end your marriage or civil partnership, you must apply for a final order. If your divorce application was issued before 6 April 2022, this is still referred to as a decree absolute application.

You must wait at least 43 days (six weeks and one day) after the date the court grants your conditional order (or decree nisi) before you can apply for the final order. It is possible to apply as a sole applicant, even if you started the divorce proceedings jointly with your former spouse or civil partner.

You should apply for the final order within 12 months of the conditional order or decree nisi being granted. If you delay beyond this time limit, you will need to explain the reasons for the delay to the court.

How you apply depends on when your divorce application was issued:

• For applications issued on or after 6 April 2022: If you applied online, you will receive instructions on how to apply for a final order. If applying by post, you must complete an application for a final order form.
• For applications issued before 6 April 2022: If you applied online, you can apply for a decree absolute online. If applying by post, you must complete an application for a decree absolute form.

Before applying for a final order, it is recommended to finalise any financial settlement by applying to the court for a financial order, to help prevent future financial claims from your ex-spouse or civil partner.

Once your application is approved, the court will issue the final order or decree absolute certificate, confirming that you are officially divorced and legally free to remarry.

Visit the government portal for more information on this process.

Who Can Apply for a Decree Absolute?

The person who started the divorce proceedings - the applicant - can apply for the final order or decree absolute once the mandatory 43-day waiting period after the conditional order or decree nisi has passed.

If the divorce was started jointly, either party can apply to finalise the divorce individually. In cases where the applicant does not apply for the final order within the expected timeframe, the respondent (the other party) can apply instead. However, if the respondent applies, they must wait an additional three months after the date when the applicant could have first applied.

If a respondent applies for the final order (or decree absolute), they may need to ask the court for permission. This could involve a court hearing where the respondent explains why the final order should be granted.

Regardless of who applies, the family court must be satisfied that there are no final objections before making the divorce official. Once the final order or decree absolute is granted, the marriage or civil partnership is legally ended, and both parties are free to remarry or form a new civil partnership.

How Long Does A Decree Absolute Take?

Once you have applied for the final order (previously known as the decree absolute), it usually takes the court a few days to process the application and issue the final order. However, the exact timescale varies depending on the family court’s workload and whether there are any outstanding issues that need to be addressed.

You must wait at least six weeks and one day after the conditional order or decree nisi before you can apply. This mandatory waiting period allows time for any final objections or financial matters to be raised and resolved.

If you delay applying for the final order for more than 12 months after the conditional order was granted, you must explain the delay to the court. This can add extra time to the process. In most straightforward cases, if you apply promptly and there are no complications, you can expect to receive your decree absolute certificate or final order confirmation within a few days to a few weeks of applying.

Q

Do you need a decree absolute to remarry?

A

Yes, you must have received the final order/decree absolute before you can legally remarry or enter into a new civil partnership.

Until the family court issues the final order, you remain legally married or in a civil partnership. Your marital status only changes once the final order or decree absolute certificate is granted. Attempting to remarry before the divorce or dissolution is officially completed could result in serious legal consequences, including the second marriage being considered void.

If you plan to remarry, you will usually be asked to provide a copy of your decree absolute certificate or final order to prove your marital status. It is important to keep the original document safe, as you may need it when applying for a marriage licence, dealing with mortgage lenders, or updating personal records with utility companies and financial institutions.

Q

Can a decree absolute be cancelled?

A

Once the final order or decree absolute has been granted by the court, it cannot usually be cancelled or reversed. The legal dissolution of the marriage or civil partnership takes full effect from the date the final order is made.

There are only very limited and exceptional circumstances where a final order or decree absolute could be set aside. This might happen if the final order was obtained through fraud, procedural error, or where it was issued without the parties' knowledge in breach of court rules. Applications to cancel or revoke a final order are extremely rare and would require strong grounds, with the court exercising discretion very cautiously.

In almost all cases, once the decree absolute is issued, the parties are officially divorced or have had their civil partnership legally dissolved, and the legal process cannot be undone.

Q

Can a decree absolute be granted without a financial settlement?

A

Yes, the court can grant a final order even if a financial settlement between the parties has not been finalised. There is no legal requirement to resolve financial matters before the divorce or dissolution is formally completed.

However, ending the marriage or civil partnership without first securing a financial order can create risks. Without a legally binding financial settlement, your former spouse or civil partner could make financial claims against you in the future, even many years after the divorce. This could involve claims over assets such as pension funds, property, or certain assets acquired after the divorce.

To protect yourself from future claims, it is usually advisable to apply for a financial order before applying for the final order. This ensures that financial ties are properly severed at the time the marriage or civil partnership is legally dissolved.

Q

Can I apply for a decree absolute out of time?

A

Yes, you can still apply for a final order even if more than 12 months have passed since the conditional order or decree nisi was granted. However, the process is not automatic.

If you apply out of time, you must provide a written explanation to the court explaining the reasons for the delay. The court will need to be satisfied that there is a valid reason for the late application. You may also be asked to confirm whether there have been any changes in individual circumstances since the conditional order or decree nisi was made, particularly if financial aspects of the divorce have not yet been finalised.

It is generally advisable to apply for the final order within 12 months to avoid any additional complications or delays, but late applications are permitted if handled properly through the family court.