Decree absolute

Definition

A decree absolute is the final order issued by a court that legally ends a marriage, making the divorce official. Once this decree is granted, both parties are free to remarry, and it signifies that all financial matters, child custody arrangements, and any other divorce-related issues have been settled or adjudicated. It is an important legal document that represents the conclusion of the divorce process.

5 Must Know Facts For Your Next Test

1. The decree absolute cannot be applied for until six weeks after the decree nisi has been granted, ensuring a waiting period for both parties.
2. In England and Wales, the issuance of the decree absolute marks the end of the legal ties between spouses, allowing them to remarry.
3. It is essential for individuals to obtain their decree absolute to finalize any changes in marital status for legal and financial purposes.
4. If one party does not apply for the decree absolute within a specific timeframe, the other party can apply for it after waiting 3 months from the initial application for divorce.
5. Obtaining a decree absolute does not automatically resolve financial settlements or child custody issues; these must be addressed separately.

Review Questions

• How does the decree absolute relate to the overall process of divorce and what steps must be completed before it can be issued?
  • The decree absolute is the final step in the divorce process, signifying that a marriage has officially ended. Before it can be issued, a decree nisi must first be granted, which indicates that there are no reasons preventing the divorce from proceeding. There is also a mandatory waiting period of six weeks after the decree nisi before one can apply for the decree absolute, ensuring that both parties have time to consider their decision.
• What are the implications of obtaining a decree absolute on financial settlements and child custody arrangements post-divorce?
  • Obtaining a decree absolute legally dissolves the marriage but does not resolve financial settlements or child custody arrangements. These matters need to be handled separately through negotiation or court proceedings. It's crucial for individuals to finalize these arrangements either before applying for the decree absolute or immediately afterward to ensure that all legal obligations are clear and enforceable.
• Evaluate how the waiting period between decree nisi and decree absolute serves both parties in a divorce situation.
  • The waiting period between the decree nisi and decree absolute serves as a critical reflection phase for both parties involved in a divorce. It allows individuals time to contemplate their decision about ending the marriage while also providing an opportunity for any last-minute reconciliations or negotiations regarding financial settlements and child custody. This period helps to reduce hasty decisions that could lead to further complications later on, fostering a more thoughtful approach to finalizing their separation.

Related terms

decree nisi: A provisional decree issued by a court that indicates a divorce can proceed, but it does not finalize the dissolution of marriage until the decree absolute is granted.

divorce proceedings: The legal process through which a marriage is dissolved, involving the filing of documents, court appearances, and potential negotiations regarding custody and property.

financial settlement: An agreement reached between divorcing parties regarding the division of assets, liabilities, and financial support following a divorce.