This is the final part in a Four part review of the divorce process entitled ‘Obtaining the Decree Absolute of Divorce. If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
- Part I: Petition for a Divorce
- Part II: Acknowledgement of Service Form and Serving the Divorce Petition
- Part III: Obtaining the Decree Conditional Order of Divorce
Overview
The Final Order is the final decree of divorce which ends the marriage. This used to be called the Decree Absolute.
It must be applied for to be granted and will not be automatically issued by the courts. Before it is granted the steps set out in the previous three articles must have been completed to the satisfaction of a District Judge.
The application for a Final Order of Divorce is usually made online, on the same portal where the divorce was started.
Once the Final Order of Divorce is granted, copies will be sent to all parties in the proceedings.
The moment the Final Order is granted – you are legally divorced. Before this date you are still legally married.
The Petitioner can apply for a Final Order six weeks after the pronouncement of the Conditional Order of Divorce. If the Petitioner doesn’t apply right away, the Respondent must wait another 3 months before they can apply for the Final Order
Remember, if you have not sorted out your finances by this stage, there are significant risks of losing out on what is rightfully yours. If in doubt, contact us.
Procedure
An application for a Final Order is also usually made on the online portal. It is common for a Final Order to be granted within hours of making the application.
This is one stage in the process where the Petitioner controls the speed at which the divorce is issued. That’s because the Respondent cannot apply for a Final Order until 3 months after the date when the Petitioner could have applied.
Couples should be wary that where there are Financial Remedy proceedings ongoing relating to the finances of the parties after divorce, the Final Order should not be obtained until these are settled.
In a recent case the law firm Vardags accidentally applied for a Final Order before the finances of the divorce were sorted out, causing huge embarrassment for themselves and risks for their client.
Frequently Asked Questions
Does the Final Order mean I am divorced?
Yes, this is the final decree of the court in the marriage. Once granted, the parties are free to re-marry.
Do I need to keep the Final Order Certificate?
Yes, this is an important legal document and you will need it for all sorts of reasons in future. For example if you are re-marrying or if you have an immigration application.
My Decree Absolute was granted and we agreed finances informally. My ex is backtracking on that agreement, can I apply for Financial Remedy?
Yes – but you better act quickly before you lose out completely – an application for Financial Remedy can, in certain circumstances, still be brought after the marriage has been dissolved. It depends on many factors.
If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
My ex and I have reconciled and want to stay together, can we cancel the Final Order ?
No, the divorce is final. If you do wish to remain in a marriage with your ex, then you will have to remarry again.
Is my Decree Absolute of Divorce valid in other countries?
Generally the answer to this is ‘yes’. However; there are certain countries in the world where they will only recognise divorces by nationals of that country which have been obtained through the laws of that country.
If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
I have lost my Final Order – how do I get a replacement?
Generally for people who divorced in England & Wales we would advise you to contact the court where your divorce was issued. They will provide you with a copy, usually after payment of a small fee.
Do I need a Final Order before I remarry?
Oh yes! If you plan to remarry you certainly need to ensure that your previous marriage was legally dissolved with a Decree Absolute. If you don’t have a Decree Absolute yet and you do remarry, you will be committing a criminal offence for which you could easily end up in prison. It would also mean that your new marriage is not valid.
Is there anything I should do after getting my Final Order?
It is vital that you make a new Will after your Final Order is granted. A divorce does not automatically mean that your former spouse is not entitled to a share of your estate when you die.
Wills are easy to do and a very affordable way of avoiding a lot of potential problems. Contact us, for a fast, efficient and professional Will.
For an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
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