What is Decree Absolute?

Full Definition

Decree absolute was the historic legal term in England and Wales for the court order that formally and finally ended a marriage, making both parties legally free to remarry. It was the second and final stage of the old two-step divorce process, following the decree nisi (a provisional order confirming the court saw no reason the divorce could not proceed), with a minimum six-week and one-day waiting period between the two, during which either party could raise an objection before the divorce was made final. When the Divorce, Dissolution and Separation Act 2020 introduced "no-fault divorce" in England and Wales from 6 April 2022, it renamed these stages in plainer English: decree nisi became the "conditional order" and decree absolute became the "final order", though the underlying two-stage process and purpose remain broadly the same, and the equivalent terms for ending a civil partnership (dissolution) were similarly renamed from "conditional order" and "final order" designations already used, bringing marriage and civil partnership terminology into line. Reaching the final order does not, by itself, resolve financial matters between the couple -- dividing property, pensions and other assets requires a separate financial order (often a consent order recording an agreed financial settlement, or a court-imposed order if the parties cannot agree) -- and family lawyers generally advise against applying for the final order before financial matters are resolved, since remarrying after the final order but before sorting finances can restrict some of the financial claims a person would otherwise be able to bring against their former spouse. Under the no-fault system, the earliest a final order can be obtained is around six months after the divorce application is issued, comprising a minimum 20-week reflection period before the conditional order can be applied for, followed by the same six-week-and-one-day wait before applying for the final order.

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