The Process Of Applying For A Decree Absolute Certificate If The Court Issued Your Notice Of Divorce Proceedings
Before 06-04-2022
WHAT IS A DECREE ABSOLUTE CERTIFICATE?
A decree absolute certificate is a legal document issued by the court which states that you and your ex-partners marriage has ended.
Applying for a decree absolute is the final stage of the divorce.
SHOULD YOU APPLY FOR A DECREE ABSOLUTE CERTIFICATE BEFORE OR AFTER THE COURT ORDER HAS BEEN ISSUED FOR A FINANCIAL SETTLEMENT (DIVISION OF MARITAL ASSETS, FINANCES AND PENSIONS)?
If possible before making an application for a decree absolute certificate, please make sure all financial agreements, court orders, and pension divisions are in place and have been agreed by the court. This is not set is stone but is advisable because some marital assets such as pension and trust funds are only transferrable to an existing spouse.
Please note that if you or your ex-partner pass away after a decree absolute certificate has been issued and there is no financial settlement in place then neither of you will be entitled to automatic spousal benefits.
Also if you and your ex-partner remain married until a financial settlement has been agreed there may be tax benefits when assets are transferred between you both during the divorce. Married couples can be entitled to some tax exemptions.
My advise is that you should apply for a decree absolute certificate at least 28 days or more after the date the financial court order was issued to make sure your ex-partner does not lodge an appeal against the court order to have it over turned or amended.
HOW LONG AFTER YOUR DECREE NISI CERTIFICATE HAS BEEN GRANTED CAN YOU (THE APPLICANT) APPLY FOR A DECREE ABSOLUTE CERTIFICATE?
43 days (6 weeks and 1 day) after the court has granted your decree nisi certificate, you can, if you are the applicant, apply to the court for a decree absolute certificate.
The applicant is the person who originally sent in the initial divorce application form D8 to the court to start divorce proceedings.
CAN YOUR EX-PARTNER (THE RESPONDENT) APPLY FOR A DECREE ABSOLUTE CERTIFICATE ?
If you, the applicant, do not apply for a decree absolute certificate, then your ex-partner, who is called the respondent, can apply for a decree absolute certificate 90 days (3 months) after you COULD HAVE applied for a decree absolute certificate or 133 days (3 months + 6 weeks + 1 day) after the court has granted the decree nisi certificate.
For the respondent to apply for a decree absolute certificate, they will need to complete form D11 and a court fee is payable. Please attach a cheque or postal order made payable to HM Courts & Tribunal Service. If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form D8 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to put on the top right hand corner of the front page of the form you are asking help with, in this case, form D11.
LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes)
LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES
LINK TO L.I.P HELP GUIDE FOR FORM D11
If your ex-partner, the respondent, is applying for a decree absolute certificate, then a court hearing will take place to establish why your ex-partner is making the application and not you.
CAN YOU STOP YOUR EX-PARTNER (THE RESPONDENT) FROM MAKING THE APPLICATION FOR A DECREE ABSOLUTE CERTIFICATE?
As the applicant, you can make an application using form D11 to the court to stop your ex-partner from applying for a decree absolute certificate. The main reason for this is if the division of your marital assets, finances and pensions has not been finalised with a court order.
THIS IS IMPORTANT SO PLEASE DO NOT UNDERESTIMATE THIS.
Do not let your ex-partner apply for a decree absolute if many of your marital assets including the pension is solely on their name. You must make sure you are awarded your rightful share of all your marital assets first and this is made legal by a court with a court order.
HOW TO APPLY FOR A DECREE ABSOLUTE CERTIFICATE
- STEP 1 – DOWNLOAD FORM D36 – You can apply for a decree absolute certificate using form D36 from the government website. This form is called the application for decree nisi to be made absolute.
- STEP 2 – COMPLETE FORM D36 AND POST TO THE COURT BY SIGNED FOR RECORDED DELIVERY – Posting by signed for recorded delivery will allow you to track your application.
- STEP 3 – YOU AND YOUR EX-PARTNER WILL RECEIVE YOUR D37 DECREE ABSOLUTE CERTIFICATE BY POST – The decree absolute certificate is a legal document stating your marriage had ended.
This website has a Help Guide for form D36. Once you have read this page, you can click on the link below to access form D36 where it will go into detail how to complete it. The topics covered are –
- What is form D36 used for?
- Are there any government or our own L.I.P Help Guides or write ups to help you complete form D36?
- What is the fee to send form D36 to the court and how to pay for it?
- How to complete form D36 and where to send it.
- Where can you find form D36/download this form?
- When was form D36 first published and last updated?
LINK TO OUR L.I.P HELP GUIDE FOR FORM D36
WHAT HAPPENS IF YOU APPLY FOR A DECREE ABSOLUTE CERTIFICATE 12 MONTHS AFTER YOUR DECREE NISI IS GRANTED?
If you or your ex-partner apply for a decree absolute certificate more than 12 months after the court granted your decree nisi, you or your ex-partner must attach a written statement with your form D36 application explaining the following –
- Why it has taken so long to apply for a decree absolute certificate.
- Whether you or your ex-partner have lived together since the decree nisi was granted and you must give the dates.
- Whether any children have been born since the decree nisi was granted.
WHAT IF YOU LOSE YOUR DECREE ABSOLUTE CERTIFICATE?
If you ever lose your D37 decree absolute certificate, you can contact the court that issued the original decree absolute certificate for another one. It will cost £10.00 if you can provide your divorce case number. If you can’t remember your divorce case number then you will pay £45.00. If you cannot remember which court granted your decree absolute certificate, you can contact the central family court who can send a copy of your decree absolute certificate to you for £65.00. You will need to complete form D440. There is a fee to submit form D440. Cheque or postal order must be payable to HM Courts & Tribunals Service.