The divorce process is a three stage process: the issue of the divorce petition; Decree Nisi and Decree Absolute. It is important that divorcing couples understand the difference between the Decree Nisi and the Decree Absolute and the implications of the same.
Put simply, Decree Nisi is the mid-point in the divorce proceedings and it is important as it certifies that the Petitioner (that is the person who has issued the divorce proceedings) has established that the marriage has broken down irretrievably. Secondly, it is the point at which the Court is able to make legally binding Court orders. However, the Decree Nisi does not formally dissolve the marriage. It is the Decree Absolute which does.
Whilst some may be in a rush to apply for Decree Absolute so that they can officially say that they are divorced from their ex-partner or for other reasons such as remarriage, it is important that there is an understanding as to the implications of Decree Absolute.
It is generally advisable for parties to hold off applying for Decree Absolute until any application for financial remedy has been resolved. This is because the parties may have benefits such as pension benefits or benefits under a life insurance policy that may be lost if they are no longer married to their ex-partner. If either party were to die after Decree Absolute but before financial remedy claims have been resolved, they will lose the special status of ‘widower’ and often this means losing financial benefits they may have otherwise gained due to their relationship with their ex-partner.
In some cases obtaining Decree absolute before the financial remedy claims have been resolved may have adverse tax consequences or make it impossible to make a claim at all if there are onshore or offshore trusts or offshore assets.
There may also be disadvantages to a premature application for Decree Absolute if a pension sharing order is a likely outcome of the case.
It is important, therefore, that divorcing couples do take independent specialist legal advice in relation to the divorce process and the implications of the same. If further information in this regard or in relation to family law matters in general is required then please contact Kate Barlow or any other member of our Family Team.
