Stage 3 - The application for Decree Absolute - Taylor&Emmet LLP | Sheffield Solicitors

Stage 3 - The application for Decree Absolute

What happens when I receive the Decree Nisi/Conditional Order?

What happens when I receive the Decree Nisi/Conditional Order?

If you wish to instruct us to prepare the Application for Decree Absolute/Final Decree please send to us:-

  • A copy of the Decree Nisi/Conditional Order
  • Payment of £48

Payment at this stage must be made in advance by cheque payable to “Taylor and Emmet LLP” or by credit/debit card either at reception or by telephone. Please note that cheques take 5 working days to clear and payments by credit/debit cards take 3 working days to clear. There is a charge of 1.8% on credit card transactions.

Below are the instructions you will receive in order to complete stage 3

Thank you for providing a copy of the Decree Nisi/Conditional Order and payment. We now enclose the Application for Decree Absolute/Final Decree.

Please sign the application in the box and date it.

The signed and dated Application for Decree Absolute/Final Decree should then be sent to Court.

Is there any reason I should NOT apply for the Decree Absolute/Final Decree?

Once the Decree Absolute/Final Decree has been pronounced you are no longer legally married/in civil a partnership.

We would advise that you do not apply for Decree Absolute/Final Decree if you are still living in the family home and this is owned or rented in your spouse/partner’s sole name. This is because you would no longer have a legal right to occupy the property.

We would also urge you to consider carefully whether it is appropriate to apply for Decree Absolute/Final Decree if your spouse/partner has a pension. This is because you would lose any widow/widower’s benefits should they pass away once the divorce or dissolution has been finalised.

You should also bear in mind that once the marriage or civil partnership has been dissolved you may no longer inherit from your deceased spouse/partner’s estate.

Can I remarry or enter into a civil partnership once I receive the Decree Absolute/Final Decree?

The Decree Absolute/Final Decree is the final stage in the process and means that you are free to remarry or enter into a civil partnership.

If your spouse/partner owns property (either jointly or in their sole name), they have a pension or they have a higher income than you, we strongly suggest that that you seek specialist advice on the financial orders available.

Once you have remarried or entered into a civil partnership the law does not allow you to make certain claims against your ex/spouse/partner which could mean that you lose out financially.

Wills

You need to be aware that the Decree Absolute/Final Decree will affect any Will you have made and if you remarry or enter into a civil partnership any existing Will is automatically cancelled and of no effect. If you have not already done so, we would strongly recommend that you consider making a Will. We enclose our factsheet on Wills for your information.

The cost of a single straightforward will is £180 including VAT. If you wish to make an appointment please contact our Wills and Probate department on 0114 218 4000.

File closing arrangements

If we do not hear from you within the next two months or if you confirm that you do not wish to instruct us further we will arrange to close your file. This will be placed in our archive for a period of 7 years after which it will be destroyed.

We enclose a Client Feedback Questionnaire and would be obliged if you could take the time to complete and return this to us. This enables us to monitor the level of service that we provide.

We hope that you have found our Divorce Document Preparation service helpful.


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