Restrictions on decree being made absolute—divorce
Restrictions on decree being made absolute—divorce

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Restrictions on decree being made absolute—divorce
  • When can the court delay making the decree absolute?
  • Consideration of the respondent's financial position
  • Religious marriages
  • Stay of application to make decree nisi absolute

When considering an application for decree nisi to be made absolute the district judge must have regard to the requirements of Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.32 and, if satisfied that the requirements are met, will make the decree absolute and endorse the decree nisi to that effect.

In certain circumstances the court can delay the pronouncement of decree absolute.

When can the court delay making the decree absolute?

The statutory powers in relation to delaying pronouncement of decree absolute are as follows:

  1. where the petition is based on two or five year’s separation, section 10 of the Matrimonial Causes Act 1973 (MCA 1973) allows for a delay to decree absolute to consider the respondent’s financial position after divorce, see: Consideration of the respondent's financial position

  2. where parties were married in accordance with the usages of the Jews, or any other prescribed religious usage, and they must co-operate if the marriage is to be dissolved in accordance with those usages, under MCA 1973, s 10A the court may make an order that a decree nisi is not to be made absolute until both parties have declared that they have taken such steps as are required to dissolve the marriage, see: Religious marriages

  3. MCA 1973, ss 8–9(1) deal with applications by the Queens Proctor, or ‘any person’ excluding a party to the proceedings