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If you have any more questions or would like more information regrading Decree Nisi and Decree Absolute, you can contact our Family Law Solicitors below.
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022.
The Act introduces 'no fault divorce’ in that it removes the requirement to establish a fact as to the reason for the divorce and allows either or both parties to a marriage to apply for a divorce order which dissolves the marriage on the ground that the marriage has broken down irretrievably.
Under the new law, the language relating to divorce and dissolution has been updated as follows:
- Petitioner becomes Applicant
- Decree Nisi becomes a Conditional Order
- Decree Absolute becomes a Final Order
What is a Decree Nisi?
Divorces that started on or before 5 April will continue to progress under the old law.
The Decree Nisi is the first stage of the two-part divorce order which culminates in Decree Absolute.
In undefended cases, the petitioner can apply for Decree Nisi at any time after the filing of the acknowledgement of service has expired, provided that no party has filed an acknowledgement of service indicating an intention to defend the case.
The court cannot make a final financial remedy order before pronouncement of Decree Nisi. A court only has jurisdiction to make a financial remedy order that takes effect on or after Decree Nisi.
You will remain married until Decree Absolute. The Decree Absolute brings the marriage to the end and confirms that you are formally divorced.
What is a Conditional Order?
Divorces that started on or after 6 April 2022 will be subject to the provisions of the new law.
The Conditional Order is the first stage of the two-part divorce order which culminates in the Final Order.
The Conditional Order can be applied for 20 weeks from the date of the divorce application provided that the time for filing the acknowledgement of service has expired and no party has filed an acknowledgement of service indicating an intention to dispute the proceedings.
The introduction of a 20-week period is intended to allow separating couples to resolve issues relating to finances or the arrangements for any children.
As referred to above, you will need to wait until you have your Conditional Order before asking the court to approve a financial consent order and before the court can make a final financial remedy order.
You will remain married until the Final Order. The Final Order brings the marriage to an end and confirms that you are formally divorced.
When to delay applying for Decree Absolute or Final Order?
It is not good practice to terminate the marriage before financial issues are resolved and incorporated into a financial consent order. Termination of the marriage affects inheritance rights, pension rights and taxation.
It may be important to delay applying for Decree Absolute or Final Order where one party has registered home rights to protect their interest in the former family home. If the former family home is owned in the sole name of one party, the other party may have registered their home rights to protect their rights of occupation and ensure that any potential buyers or lenders are aware of their rights.
Home rights expire on Decree Absolute/Final Order, and if financial matters are not resolved by the time Decree Absolute is pronounced, the party seeking to protect their rights would have to make an application under the Family Law Act 1996 to extend their home rights.
How do I get a copy of my Decree Absolute or Final Order if I have lost it?
If you know the case number and the court, you can apply to the court for a copy. It costs £11 if you know both the case number and the court.
You can ask the court to search their records if you do not know the case number. It costs £45 to search a ten-year period.