A Decree Absolute is the name of the document that proves your marriage has been brought to a legal end. The Decree Absolute has now been replaced by the Final Order. There is a way to get a copy of your Decree Absolute, and the Central Index contains records of all Decree Absolute granted in England and Wales since 1858.
The manner in which the Courts handles documents has changed greatly over the last 15 years, and it is now possible to receive all documents in relation to your divorce electronically. This was not, however, always the case and certainly 15 years ago, all divorce documents would have been sent to the parties in the post. It is not, therefore, unusual for important documents such as a Decree Absolute to get lost or mislaid over time.
How do I get a copy of my Decree Absolute?
There are many reasons why you may need your Decree Absolute, such as wanting to get married again, to update any records held about you or dealing with financial or estate matters.
Here are some helpful tips to obtain a copy of your Decree Absolute:
- Identify the Court. If you can recall the Court which dealt with your divorce, you can apply directly to that Court and request a copy of your Decree Absolute. Try to include as much detail as possible such as the case number, the names of the parties and dates of the divorce proceedings. There is currently a cost associated with this application.
- Apply to the Central Family Court. If you cannot recall the Court which dealt with your divorce, you can apply to the Central Family Court. You must provide as much detail as possible including the names of the parties, date of the marriage, when the divorce was applied for and the year within which you think the Decree Absolute was granted. A search will then be carried out 5 years either side of that date. There is currently a fee for each 10-year period searched and the type of service you require.
- Online application. You can also make an application online using the government’s official website.
If you know that you have mislaid/lost your Decree Absolute, it is best to start taking the steps to obtain a copy sooner rather than later. There are some matters in which you will not be able to progress without your Decree Absolute (re-marriage) therefore you should factor any delays into making any arrangements for the future to avoid disappointment. The speed within which you get a copy of your Decree Absolute will depend on the Court’s processing time and workload, the ease of locating the documents and the service you have applied for (e.g. expedited options, if applicable).
What does a Decree Absolute look like?
A Decree Absolute is a brief legal document that includes important details like:
- The court’s name and location.
- The name of both parties in the divorce.
- The date the decree was granted.
- The court case number or reference.
- Confirmation that the marriage or civil partnership is legally ended.
A Decree Absolute appears on a plain sheet of paper with a court stamp. It is a short document, but it holds important legal significance. Ensure you keep the original decree absolute. You might need it to prove your marital status for official matters.
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Associate Solicitor in our Family Law Department by by calling 0333 240 7373, or email us at [email protected].
