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Why you need a 'decree absolute'

A decree absolute is the legal document that ends your marriage. Once you have a decree absolute, you are divorced, no longer married and free to marry again if you wish.

Before you get a decree absolute, you must have applied to the court for a divorce and have already got your ‘decree nisi’ (form D29). If you haven’t done this, you can find out how by following the link below.

• How to file for divorce

What to do when you've got your decree nisi

When you have received your decree nisi from the court, you can consider applying for a decree absolute to end your marriage.

If there are children involved in your divorce, you will also need to have the form D84B. You should have received this at the same time as your decree nisi.

The form D84B says that the judge thinks the divorce does not need to be held up over concerns about arrangements for the children.

If you don’t get a form D84B, you will get a form D66 instead. This will show you what the court wants you to do about your arrangements for children so you can get a decree absolute.

When to apply for a decree absolute

When you can apply for a decree absolute depends on whether you or your husband or wife started the divorce.

If you started the divorce

You can apply to the court for a decree absolute – but you must wait six weeks and a day after the decree nisi was issued.

If your husband or wife started the divorce

If you want to apply for a decree absolute but your husband or wife started the divorce, you have to wait an additional three months.

So the earliest you can apply is three months, six weeks and a day after the decree nisi was issued.

Time-limit for applying

It’s a good idea for one of you to apply for the decree absolute within 12 months of the decree nisi if you can.

If you apply any later than this, you will have to explain to the court:

• why the delay has happened
• if you’ve lived with your partner since the decree nisi was granted
  
• if any more children that are part of the family have been born

You will need to check with the court to see if it needs any other information.

How to get a decree absolute

To get a decree absolute, you or your legal adviser must return a form D36 (‘Notice of application for decree nisi to be made absolute’) to the court.

There will be a fee for this – currently £45. If you’re on a low income or on benefits, you may be able to get a reduction. You can find out more about reductions on court fees by following the link below.

If your husband or wife started the divorce, and they haven't already applied for a decree absolute, you can apply. To do this, you have to fill in a form D11 ('application notice') and pay a £90 court fee. You will also have to go to a hearing with your husband or wife to explain why you want the decree absolute to be made.

• Form D36 - Notice of application for decree nisi to be made absolute Opens new window

• Form D11 - Application notice (if your husband or wife started the divorce) Opens new window

• Court fees - Do you have to pay them? Opens new window

When the court gets your forms

Once the court has your completed form D36, it will check that the divorce can be finalised.

It will make sure that:

• any arrangements made for children are satisfactory (or if not, are not a reason to delay the divorce)
• the time limits above have been met
• there are no other reasons not to grant the divorce

You won’t need to attend the court for this.

If the court is happy, it will send both of you a form D37 (decree absolute).

This means that your marriage is legally over and you can remarry if you wish.

You should keep your decree absolute safe. You will need to show it if you remarry or enter into a civil partnership. You may also need it to show your marital status when claiming benefits or a pension, for example.