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Applying for the decree absolute It is a straightforward process to obtain a decree absolute.
This post considers the opposite position: when one party does not want to be divorced so long as the finances remain unresolved.
Perhaps emotionally, it seems a step too far, too soon – and the Petitioner, despite having initiated the process, cannot bring him self or herself to take the final step.
So the Respondent may also apply, three months after the earliest date that the Petitioner could have done so, and that application too is usually a formality.
After considering the statutory powers and following legal argument from both sides, His Lordship also found that there is an “inherent jurisdiction” of the High Court to delay making a decree absolute in appropriate cases.
The case of England v England (1980) 10 Family Law 86 was a Court of Appeal decision where the court delayed decree absolute until a maintenance order had been made in favour of the children.
If one party wants the divorce to be finalised but the other does not, and the parties’ finances have not been resolved, may the decree absolute be delayed? The divorce process in England is conducted in three stages: 1. When a divorced person wishes to remarry, a sealed copy of the decree absolute must be produced as evidence the party is legally free to do so.