This post is best read in the context of my posts on 22nd June (decree nisi) and 29th June (decree absolute).

Once a period of six weeks has elapsed from pronouncement of decree nisi, the petitioner is allowed to apply for decree absolute. There is no obligation to do so – the petitioner is usually advised to wait until financial matters have been resolved before making the application.

When the petitioner applies for decree absolute, it is granted automatically. A member of staff in the court office prints out two copies of the decree absolute certificate, stamps them with the official court stamp (‘seals’ them), and sends a copy to each of the two solicitors (or direct to the party if he or she is not represented). 

If the petitioner does not apply for decree absolute and the respondent wants the marriage brought to an end, the respondent is allowed to apply for decree absolute. However there are two important differences in the respondent’s position. First, before the respondent can apply he or she must wait for three months after the petitioner’s six weeks, so there is a significant delay. Secondly, if the application is made by the respondent it has to be considered by the district judge. In other words, it is not an automatic process as it is if the petitioner applies. There is a short hearing. The respondent risks the district judge refusing the application – perhaps because the petitioner wants to wait until financial matters have been resolved – and if the respondent makes the application and it fails the respondent may be ordered to pay the petitioner’s costs of the application (as well as his or her own costs, of course). 

Not surprisingly, applications by respondents for decree absolute are not common.