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Posted by / 02-Nov-2017 11:00

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.I have been involved in one case where in such a case, exceptionally, the mandatory period was shortened.

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.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. It remains lodged with the court and in return, on decree absolute, the certificate bearing the court seal is the effective “swap.” The parties are legally divorced only when there has been a grant of decree absolute.So it is a worthwhile part of the procedure and serves its purpose.In most cases, however, too much water has passed under the bridge and the obtaining of decree absolute is public recognition that the parties, who are already divorced in body and mind, are now legally divorced.

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The court office seals and issues a certificate of decree absolute.