Applying for the decree absolute It is a straightforward process to obtain a decree absolute.
A single sheet application in a standard form is signed and handed in to the court office, together with a fee of £40.
The Court held that the husband, who was also seeking his decree absolute, was entitled to it unless the wife “could show special circumstances to defer it”. Citing Dart, Mr Justice Baker held that the power to delay decree absolute “is an exercise of discretion of the trial judge but that exercise of discretion weights the granting of the decree absolute against the special circumstances very heavily in favour of the grant.Perhaps emotionally, it seems a step too far, too soon – and the Petitioner, despite having initiated the process, cannot bring him self or herself to take the final step.So the Respondent may also apply, three months after the earliest date that the Petitioner could have done so, and that application too is usually a formality.If one party wants the divorce to be finalised but the other does not, and the parties’ finances have not been resolved, may the decree absolute be delayed? The divorce process in England is conducted in three stages: 1. When a divorced person wishes to remarry, a sealed copy of the decree absolute must be produced as evidence the party is legally free to do so. It remains lodged with the court and in return, on decree absolute, the certificate bearing the court seal is the effective “swap.” The parties are legally divorced only when there has been a grant of decree absolute.