Getting a divorce can be a challenging and emotionally draining process. However, once it's finalized, you can start a new chapter in your life.
As you embark on this journey, you may be asked to show proof of your divorce. This can be easily done by getting a copy of your divorce decree, also known as decree absolute.
If you're unsure about the necessary documents and steps involved in obtaining your decree absolute, you've come to the right place. Here is what you need to know and do to request your decree absolute.
The decree absolute is a legal document that proves you’ve ended your marriage. The original remains in the power of the family court that dealt with your case. However, you probably applied for a copy of your divorce papers after you obtained your decree nisi.
The decree absolute will be asked from you in many situations. For example, if you want to remarry, cancel joint accounts, and change the name of the beneficiaries in your insurance policy, among other cases.
Any of the two concerning parties can apply for a copy of the decree absolute. However, if you filed for the divorce but didn’t apply for a copy - and your husband or wife wants to get one - they’ll have to wait an extra 3 months after the standard 43 days to request it.
If you’re like most people, you’ve probably used a lawyer to help you get through the divorce process. When they told you it was all over, it was because they already received this piece of paper from the family court. If your lawyer hasn’t sent you a copy, you should get in contact with them to request one.
If you haven’t used a lawyer, you have lost your decree absolute, or you simply need a replacement decree absolute, you can apply for a new decree absolute copy at the family court that handled your case.
What you will need to do to get a copy of your divorce certificate depends on whether you know the necessary information regarding your case. Let's take a look at the two possible scenarios.
If you have the name of your court tribunal and case number, the process is quite straightforward. You’ll be able to find this information on the notice you received when you applied for the divorce. To request a copy of your decree absolute, you must send an email or letter to your family court containing the following information:
If you have lost the information concerning your divorce, it’s still possible to obtain a copy of your divorce decree. To get help to find your divorce records, you must fill in form D440 and send it to the address indicated on it. This is to ask the Central Family Court to search for your decree absolute or final order. You’ll be asked to provide an approximate date of when your divorce was filed.
Unfortunately, not everyone can get a copy of their decree absolute online. Only if you applied for a divorce online can you apply for a decree absolute online.
This document has no expiration date but it is not free. The processing time and cost to obtain a divorce decree will depend on whether or not you’re aware of some information concerning your divorce, such as your case number and the name of the court that handled your divorce. When you hold the needed information, obtaining the copy will only cost £10 and you’ll get the copy within a week after the court gets your payment.
When you lack the necessary information the process can be more expensive and lengthy. Since the family court has to carry out a search to find the decree absolute in their records, it will be hard to know how long that can take. The cost will be higher too. You can expect to pay £65 for each 10 year period that’s searched. You can make the payment:
We hope this article has helped you learn what you need to do to request a certified copy of your divorce papers. Once you get your decree absolute, you'll be able to get your paperwork sorted and move on. We wish you all the best with your new life!