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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I applied decree nisi about 6 years ago after being separated

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I applied for a decree nisi about 6 years ago after being separated for about two years. I received the paperwork to get the absolute 6 weeks later, but did not proceed as I thought I needed to complete a clean break agreement at the same time. Can I still apply for the absolute or do I have to start again. Can the clean break be done by myself?
Hi, thanks for your question.
If it has been at least 12 months after Decree Nisi was granted you can submit the application for Decree Absolute but you need to accompany this with a written explanation as to why there has been the significant delay, together with confirmation that you have not lived together since that time and whether any more children of the family have been born.
The clean break can be done by yourself, but you need to agree the terms with the other party as a consent order needs to be signed, together with completion of a D81 form disclosing brief financial positions of both of you for the court to decide whether a clean break is appropriate.
Please let me know if you have any further questions regarding this.
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