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Decree absolute and the law In the case of Miller Smith v Miller Smith (No 2) (2009 EWHC3623), a case on which I have posted before, my firm represented the husband.
The Petitioner husband obtained his decree nisi of divorce, and the wife applied for the decree absolute to be postponed. The facts of the case are set out in the law report and I do not intend to comment on them. In paragraph 17 of his judgment Mr Justice Baker set out the law, having heard submissions from James Turner QC for the husband and John Wilson for the wife.
Similarly, a religious divorce may be required to be in place before the parties are finally divorced. Lawyers do argue then about the circumstances in which decree absolute should be delayed.
Of course, it is always wise to consider your own position with your solicitor, before agreeing to decree absolute.
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.