A Decree Absolute is the name of the document that proves your marriage has been brought to a legal end if your divorce application was issued before 6 April 2022. The Decree Absolute has now been replaced by the Final Order. There is a way to get a copy, and the Central Index contains records of all Decrees Absolute granted in England and Wales since 1858.
The manner in which the courts handle 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, updating records held about you, or dealing with financial or estate matters.
Here are some helpful tips to obtain a copy:
- 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 the date of the divorce proceedings. There is currently a fee 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, the date of the marriage, when the divorce was applied for and the year in which you think the Decree Absolute was granted. A search will then be carried out for the five years before and after that date. There is currently a fee for each 10-year period searched and for the type of service you require.
- Use the official government service. The GOV.UK website explains how to request a copy and provides the relevant application route.
If you know that you have mislaid or lost your Decree Absolute, it is best to start taking the steps to obtain a copy sooner rather than later. There are some matters which you will not be able to progress without your Decree Absolute, including remarriage. You should therefore factor any delays into your future arrangements to avoid disappointment. The speed at 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, including any expedited option that may be available.
What Does a Decree Absolute Look Like?
A Decree Absolute is a brief legal document that includes important details such as:
- The Court’s name and location.
- The names of both parties in the divorce.
- The date the decree was granted.
- The Court case number or reference.
- Confirmation that the marriage has 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. Keep your Decree Absolute or any certified replacement copy safely, as you may need it to prove your marital status in the future.
Does a Decree Absolute Mean Everything Has Been Resolved?
No. Obtaining a copy of your Decree Absolute confirms that your marriage was legally ended. It does not confirm that all the issues arising from the divorce, particularly the financial arrangements, were resolved.
If the Court did not make a financial order, questions relating to property, pensions, savings, maintenance and other assets may remain outstanding, even where the divorce took place many years ago. An informal agreement between former spouses does not necessarily prevent either person from making a financial claim in the future.
If you are unsure whether a financial order was made, one of our family law solicitors can help establish the position and advise on any matters that remain unresolved. Our financial settlement solicitors can also advise on resolving outstanding financial claims and recording any agreement in a binding Court order.
If you would like advice on any of the issues raised in this article, please contact our Family Law Department by calling 0333 240 7373 or emailing [email protected].
About the Author
Irrum Shah is a Senior Associate Solicitor and Solicitor Advocate specialising in family law, including divorce, finances, Shariah law, cohabitation, children matters and domestic abuse. She is known for her clear, compassionate advice and writes to make family law accessible and empowering for individuals and families.
