Affidavit to apply for decree absolute out of time

Is applying for Decree Absolute 12 months after the Decree Nisi possible?

The Decree Absolute is the formal legal document which ends your marriage. If you are the Petitioner you can make your application for Decree Absolute as soon as six weeks and one day after the pronouncement of the Decree Nisi.

However, if you apply for Decree Absolute more than 12 months after the Decree Nisi, you must also explain the following in writing to the court:

• Why the application for Decree Absolute was not made earlier;
• Whether you have lived with your ex-spouse since the Decree Nisi was pronounced;
• If you are the Petitioner and you are female, whether you have given birth to a child since the Decree Nisi and whether the child is a child of the family;
• If you are the Respondent and you are female, whether the Petitioner has reason to believe that she has given birth to a child since the Decree Nisi and whether the child is a child of the family.

If you are the Petitioner, in addition to the application for Decree Absolute, a letter explaining why the application is made out of time may be sufficient or the court may require you to file an affidavit or a statement of truth verifying the explanation.

If you have an enquiry, please call 01902 328 355 and you can speak to Aimee Stokes, a family law solicitor in George Green’s dedicated family law team.

You can also complete our online enquiry form and a member of our team will contact you for an initial discussion.

George Green Solicitors have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond.

• Head Office: 195 High St. Cradley Heath B64 5HW Tel: 01384 410410 Fax: 01384 634237
• Wolverhampton Office: 19 Waterloo Road, Wolverhampton WV1 4DY Tel: 01902 424927
• Sutton Coldfield Office: Second Floor, 4 Emmanuel Court, Reddicroft, Sutton Coldfield, Birmingham, B73 6AZ Tel: 0121 269 5850