Married people who wish to have a divorce in the United Kingdom have to follow a predetermined process of divorce. Every couple about to divorce wants to know about the approximate length and cost of the entire divorce process. However, it is difficult to give an approximate length and cost of a divorce since every case is different. Divorcing is usually a long, drawn-out process that can be costly due to court costs and solicitor’s fees. Generally, it takes around 22 weeks to get a divorce certificate or a decree absolute. Getting a divorce certificate is the final step in divorcing your partner.
What is a divorce certificate?
A divorce certificate or a decree absolute in the United Kingdom is the final step in finishing the divorce process. The divorce certificate is an important document that helps you prove that your marriage has ended legally. It provides you with the freedom to marry someone else if you want to do so.
Since the divorce certificate holds such importance, you must store it safely. You need to hold on to the divorce certificate if you ever need to produce the original copy of the legal document if there are any disputes about your marital status. You can prove you are divorced and free to marry again by producing the original copy of the divorce certificate. If you are not too careful, you might have a damaged or lost divorce certificate. You must keep your court number in mind if you want to apply for a new divorce certificate.
It takes around six weeks or approximately 43 days after the courts issue their conditional order or decree nisi to get your divorce certificate. You must not send your application too soon as it might get rejected by the court. After applying for your divorce certificate to the court, your divorce will be completed in around two to three weeks. It takes around two to three weeks after your application to get your divorce certificate, which can help you marry someone else.
Details about the divorce certificate
When you are applying for a divorce certificate in the United Kingdom, you need to fill out the application form called the form D36. The notice of application form is to change the decree nisi to decree absolute or the divorce certificate. This would give you the right to remarry if you wish to do so.
While applying for the decree absolute, the last part of your divorce proceedings, you must submit a few details to the court.
- Respondent’s name
- Petitioner’s name
- Your case number
- Court’s name
What does mean by Decree nisi
You need to first obtain the decree nisi for applying for a divorce certificate. The decree nisi is an important step in the divorce process. It is a legal document that proves that a Judge can’t see any reason why you can’t have a divorce according to the present laws of the United Kingdom.
Usually, you don’t need to go to the court to get a decree nisi. However, if your partner does not agree to the divorce, you must make a court appearance and stay for the hearing that discusses your divorce case.
You must inform the court about the reasons for your divorce or the grounds for your divorce and the basic information about your marriage. You have to fill out an application form with these details and submit it to the court.
Difference between decree nisi and a divorce certificate
The decree nisi is a legal document that states that a judge has found the grounds for your divorce valid and is satisfied that you can get a divorce. Only after you get a decree nisi can you get an application for your financial statements to submit to the courts.
However, the decree absolute or the divorce certificate is the last document you need to get for your divorce to be official in the United Kingdom. It signifies the official dissolution of marriage according to the courts. Once you get your divorce certificate, you are officially divorced.
Usually, you can apply for a divorce certificate around six weeks after the Judge issues a decree nisi. However, for exceptional circumstances, the application period for a divorce certificate can be sped up considerably.
Where to apply for a divorce certificate in the UK and what is the fee for a Divorce certificate in the Uk?
You have to apply for a divorce certificate 6 weeks and 1 day or 43 days after a decree nisi is declared. If you don’t wait for 6 weeks and 1 day before applying for your divorce certificate, this could further delay your case or even have your case rejected by the courts. However, you must apply for a divorce certificate in the 12 months after the pronouncement of the decree nisi. If you delay applying for a divorce certificate for more than 12 months, you will need to explain your delay to the court.
To apply for a divorce certificate, you must pay a fee of £93. When you apply for a court hearing, you must pay around £373 for a High court and £311 for a County court.
Financial settlement and the divorce certificate
You can get your divorce certificate in the United Kingdom without a financial settlement. The financial settlement during a divorce is used to sever any financial ties between spouses. However, the divorce certificate is the legal document that signifies your official divorce. The divorce certificate and financial settlement are two different procedures and are not tied together. Hence, you can get a divorce certificate even before severing all financial ties with your partner. However, it is easier to get done with the financial settlement and then move on to the divorce certificate. It is wiser to get the financial settlement first as it significantly reduces the chance of acrimony after the divorce.
Conclusion
Before getting a divorce, it is important to know all the details about getting a divorce certificate, one of the most crucial steps in the divorce process. You must be well-informed about the details and when to apply for a decree absolute or the divorce certificate. You must also understand the difference between decree nisi and decree absolute. Read through the points written above to thoroughly acquaint yourself with how to get a divorce certificate in the United Kingdom.
