Divorce becomes absolute in one month and one day from the date the decree nisi is granted
At the divorce hearing, the Registrar, if satisfied of all relevant issues will grant a "decree nisi" which becomes absolute in one month and one day from the date the decree nisi is granted. This timeframe may be shortened only in special circumstances.
You will receive a “decree absolute” in the mail and if you do not receive it contact your solicitor or the court, quoting your file number. The parties are free to marry once the decree becomes absolute.
You should not make any plans for another wedding until you have received your final divorce document, i.e. the decree absolute as there may be circumstances in which the Court may delay the divorce. This is relatively rare and is usually because one or both applicants have not submitted sufficient or inaccurate information and the Court needs the information clarified.
There is a different arrangement for any married couple who have been married for less than two years and the details above do not necessarily apply straight away. Partners of a short marriage of this time length cannot seek divorce in the same way as they need to attend counselling first. This may delay the divorce being issued and in some circumstances the divorce may not proceed at all depending on what happens at the counselling session. After counselling, the counsellor will normally issue a certificate to show that the session has been completed and this document will need o be presented to the court for a decree nisi to be issued.
If counselling is impossible for some reason, then the court will need to see evidence of why it was impossible. Legitimate reasons include a history of violence in the relationship or an absolute decline by some of the partners to attend counselling.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.