The decree absolute is the court order that legally ends a marriage. Since the 2022 reforms it has been renamed the Final Order, but the two terms mean the same thing and older documents will still say decree absolute.
The old and new names
- Decree nisi is now the Conditional Order - the court confirms you are entitled to divorce.
- Decree absolute is now the Final Order - the marriage is over.
- Petitioner is now applicant, and respondent is unchanged.
When can you apply for it?
You can apply six weeks and one day after the Conditional Order is pronounced. There is no extra court fee. If you leave it more than twelve months, the court will usually want a short explanation of the delay.
What it does - and does not - do
- It ends the marriage, so you are free to remarry.
- It usually ends your right to a widow's or widower's pension under your ex-spouse's scheme.
- It does not divide money, property or pensions.
- It does not stop your ex making a financial claim later.
- It does not change your will - review that separately.
Getting a copy of your decree absolute
The order arrives by email or post and you should keep it safe - you will need it to remarry, and often when remortgaging or changing your name. If you have lost it, you can request a copy from the court that made it or from the Central Family Court, for a small fee.
How long the whole thing takes
From application to Final Order is typically seven to eight months: 20 weeks to the Conditional Order, then a minimum of 6 weeks and 1 day, plus court processing time.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.