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It is not a balancing exercise in the ordinary sense”.
One of the arguments in Dart was the most common argument for a delay, namely that of the husband’s possible death prior to the finances being resolved – and therefore the wife being worse off.
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.
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.
A single sheet application in a standard form is signed and handed in to the court office, together with a fee of £40.
I have been involved in one case where in such a case, exceptionally, the mandatory period was shortened.
This post considers the opposite position: when one party does not want to be divorced so long as the finances remain unresolved.
For most, it is the beginning of a new life and new, guilt-free relationships.
In some cases there is, in fact, a rush to decree absolute.
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.