Skip to main content
Find your template →
Menu

Form D440: Search for a Lost Decree Absolute or Final Order

We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.

Part ofDivorce & Civil Partnership Dissolution Forms UK

Updated June 2026 · England & Wales
Losing a decree absolute (now called a final order for cases decided since 6 April 2022) is more common than people expect. Paperwork gets filed away and forgotten, decades pass, and eventually someone needs to prove the divorce actually happened. Form D440 is the fallback route for that situation — but it is not always the right form to use, and using it when you did not need to means paying more and waiting longer than necessary. Form D440 exists specifically for people who do not know which court, Divorce Service Centre or Divorce Unit dealt with their case. If you know the court or you still have your case number, GOV.UK routes you through a faster, cheaper process instead. This page explains both routes, what information you need, current fees, realistic timescales, and what happens if the search turns up nothing. I'll also cover the situations people most often need this for: remarriage, probate, immigration applications, and occasionally pension or financial claims where proof the marriage legally ended is required.

At a glance

  • What Form D440 is for: searching for a decree absolute or final order only when you don't know which court, Divorce Service Centre or Divorce Unit handled the divorce, dissolution or annulment.
  • Who handles the "don't know which court" search: the Bury St Edmunds Divorce Unit — not the court that originally dealt with your case.
  • Fee for a Form D440 / "don't know which court" search: £89 for each 10-year period searched (Central Index search; check the current figure on GOV.UK, as its web guidance has sometimes lagged the published form).
  • If you know the court but not the case number: the fee is £61 per 10-year period searched (check the current figure on GOV.UK).
  • If you already know your case number: you apply directly to that court or Divorce Service Centre instead — it costs £14 and typically takes about a week, not up to 45 days.
  • Terminology: decree nisi / decree absolute for cases decided before 6 April 2022; conditional order / final order for cases decided from 6 April 2022 onwards, under the Divorce, Dissolution and Separation Act 2020. A search covers both.
  • Outcome: a sealed copy of the final order or decree absolute if the search finds a match, or a "no trace" certificate if it does not.
  • Turnaround: usually within 45 days of the Bury St Edmunds Divorce Unit receiving your payment.

What Form D440 is — and what it isn't

Form D440 asks the Bury St Edmunds Divorce Unit to search its records for a decree absolute or final order when you don't know which court, Divorce Service Centre or Divorce Unit originally handled the case. It exists because divorces have historically been processed at many different courts around England and Wales, and the file may since have been transferred, archived, or simply be one you can no longer place.

This is a narrower tool than it might first appear. If you already know your case number, or you know which court or Divorce Service Centre dealt with your divorce, GOV.UK does not ask you to use Form D440 at all — you apply directly to that court or centre for a copy, and it costs less and comes back faster. Form D440 (and the equivalent online service) is the fallback for when that information has been lost along with the document itself.

If the search finds a matching record, you'll receive a sealed copy of the final order or decree absolute by post. If it doesn't, you'll receive a "no trace" certificate confirming that nothing matching your search details was located within the period searched.

Decree absolute or final order: which term applies to you

The language changed on 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force. Cases decided before that date used decree nisi (the provisional stage) and decree absolute (the final stage that legally ends the marriage). Cases decided from that date use conditional order and final order for the equivalent stages, and "petitioner" became "applicant."

You don't need to work out which terminology applies before you search — the Bury St Edmunds Divorce Unit's records and the online search service cover both eras, and the form and guidance now refer to "final order or decree absolute" throughout to reflect that.

Working out which route you actually need

This is the step that most often gets skipped, and it determines both the fee and the timescale. GOV.UK splits the process three ways:

You know the case number

If your case number is 16 digits, apply to the Divorce Service Centre. If it's not 16 digits, apply to the court that handled your divorce instead. Either way, you send your name and address, the case number, and how you want to pay. The fee is £14 (check the current figure on GOV.UK), and you should get the copy within about a week of payment being received.

You don't know the case number, but you know roughly when or how you applied

Where you apply depends on when the original application was made:

  • Made online after January 2019 → apply to the Divorce Service Centre.
  • Made by post after April 2022 → apply to the Divorce Service Centre.
  • Made at any other time → apply to the court that handled the divorce.

Give the court or centre the date you think the case happened; they will search 5 years either side of it (a 10-year block). If you can't give a date, they search the last 10 years. The fee is £61 for each 10-year period searched (check the current figure on GOV.UK).

You don't know which court at all — this is when Form D440 applies

If neither the case number nor the original court is known, you apply to the Bury St Edmunds Divorce Unit to search the Central Index of Decrees Absolute, either by completing Form D440 and returning it by post or email, or by using GOV.UK's online application service. The fee on the current D440 form is £89 per 10-year period (check the current figure on GOV.UK — its web guidance has sometimes shown a lower figure than the published form), and the turnaround is longer — usually up to 45 days — because the search is broader.

What you need before you start

Whichever route applies, GOV.UK asks for the same core details:

  • Your name and contact details.
  • The address the copy should be sent to.
  • The name of the person who applied for the divorce, dissolution or annulment.
  • The name of the person who responded to the application.
  • The dates you want the search to cover (or, if using Form D440, as much of the following as you can supply).

The search is quicker and more likely to succeed first time if you can also provide:

  • The date of the marriage or civil partnership.
  • The date the application for divorce, annulment or dissolution was filed.
  • The date and court where the conditional order (or decree nisi) was granted.
  • The date the final order (or decree absolute) was granted.

Gathering old paperwork — a wedding certificate, a solicitor's old letter, even an old insurance form that lists a previous marriage — before you start can save you a second application and a second fee.

How to submit the application

For the Bury St Edmunds Divorce Unit route, you have two options:

  1. Apply online using GOV.UK's online application service. You'll be told how to pay once you've submitted your details.
  2. Complete Form D440 and return it by post or email to the address given on the current version of the form, available from GOV.UK's Form D440 page. If applying by post, the form asks for a phone number so the Divorce Unit can contact you to take payment by card.

Payment can be made by debit or credit card, cheque, or postal order made payable to "HM Courts & Tribunals Service" (solicitors can also use the Payment by Account service). Your search will not begin until payment has been received.

Fees, and whether help with fees applies

As at July 2026, the fee published on the current D440 form for the Bury St Edmunds Divorce Unit's Central Index search — used when you don't know which court dealt with your case — is £89 for each 10-year period searched. Where you know the court but not the case number, the equivalent Divorce Service Centre / court search costs £61 per 10-year period. Where you already know your case number, the fee for a straightforward copy is £14. Court fees are reviewed periodically, and GOV.UK's web guidance has sometimes lagged the published form, so check the current figures on GOV.UK before you apply.

GOV.UK's Help with Fees scheme (Form EX160) reduces or waives many court and tribunal fees for people on a low income or certain benefits, but the guidance specific to this search does not explicitly confirm whether it applies. If cost is a concern, check your eligibility using the Help with Fees service, or ask the Divorce Unit directly when you submit your application, rather than assuming either way.

What happens after you apply

Once the Bury St Edmunds Divorce Unit has received your payment, it searches its records against the details you provided. Two outcomes are possible:

  • A match is found. You'll receive a certificate of the search and a sealed copy of the final order or decree absolute by post, usually within 45 days of payment being received.
  • No match is found. You'll receive a "no trace" certificate confirming that no record matching your search criteria was located within the period searched.

If you're working to a deadline — an upcoming wedding, a visa application, a probate deadline — build in a generous buffer around the 45-day figure and consider contacting the Divorce Unit to check current processing times before relying on a specific date.

If you get a "no trace" certificate

A "no trace" result doesn't necessarily mean the divorce never happened. The most common explanations are:

  • The search window missed the actual date. If you weren't able to give an exact date, the 10-year block searched may not have covered the right period.
  • A name was recorded differently. Maiden names, later remarriage surnames, or simple spelling variations can all cause a search to miss a genuine record.
  • The case fell outside the records searched. This is less common but can happen with very old or unusual cases.

If you receive a "no trace" certificate but believe the divorce did happen, it's worth double-checking the names and dates you supplied, then considering a further search covering a different period. The "no trace" certificate itself can still be useful evidence in some contexts, since it confirms a genuine search was carried out.

Common reasons people need this search

  • Remarriage. A registrar conducting a new marriage or civil partnership will want confirmation that any previous marriage has legally ended.
  • Probate and inheritance. Executors sometimes need to establish a deceased person's marital status at death, particularly where a previous marriage is relevant to a will or intestacy.
  • Immigration and visa applications. Many applications require proof that a previous marriage ended before a new relationship or marriage can be recognised.
  • Name changes and official records. Some organisations require sealed proof of divorce before updating records in a new name.
  • Financial and pension claims. Occasionally, proof of the final order or decree absolute is needed to establish entitlement or to close off a former spouse's claim.

Can someone else apply on my behalf?

The application is normally made by one of the parties to the marriage or by their legal representative. Third parties — for example, a family member applying because the person concerned has died and the record is needed for probate — may face additional questions about their relationship to the case and their reason for applying. GOV.UK's published guidance is written primarily for the parties themselves, so if you're applying in a third-party capacity, it's worth explaining the context clearly with your application or checking directly with the Bury St Edmunds Divorce Unit beforehand.

What to do next — a step-by-step checklist

  1. Work out which route applies before you do anything else. If you know your case number, use the direct route (£14, about a week) rather than Form D440; if you know the court but not the case number, the fee is £61 per 10-year period; only use Form D440's Bury St Edmunds search (£89 per 10-year period) if neither is known. Check the current fees on GOV.UK. See GOV.UK's guide to which court to apply to.
  2. Gather what you have. Full names of both parties (including maiden or previous names), the marriage date, an approximate filing date, and any court name or case reference you can recall.
  3. Choose online or paper. The online service is usually quicker to submit; the paper Form D440 works the same way if you prefer post or email.
  4. Pay promptly. The search will not start until payment is received, so arrange this as soon as you apply.
  5. Allow up to 45 days, and build in extra time if you have a deadline.
  6. If you get a "no trace" certificate, recheck your dates and names before submitting a further search.
  7. Store the result safely once received — ideally scanned as well as kept in hard copy, since it can be needed again years later.

If you've reached the conditional order stage of a current divorce and need to apply to make it final rather than trace an old one, see our guide on Form D36: applying to make your conditional order final.

This guide provides general information about searching for a decree absolute or final order in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The process, fees and terminology described were accurate as at July 2026 and are subject to change — always check GOV.UK for the current position before applying.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative or fee change.

Common questions

Q Do I actually need Form D440, or is there a cheaper route?
Form D440 (and the Bury St Edmunds Divorce Unit search it starts) is only for people who do not know which court, Divorce Service Centre or Divorce Unit handled their divorce, dissolution or annulment. If you know the case number, or you know which court dealt with it, you apply directly to that court or Divorce Service Centre instead — it costs £14 rather than £89 per 10-year period for the Bury St Edmunds search, and typically takes about a week rather than up to 45 days. Always check the current fee on GOV.UK, as court fees are reviewed periodically. Check GOV.UK's guide on which court you should apply to before assuming you need D440.
Q What is the difference between decree nisi/decree absolute and conditional order/final order?
They describe the same two stages of divorce under different names. For applications made before 6 April 2022, the terms are decree nisi (provisional) and decree absolute (final, legally ending the marriage). From 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force, the same stages became the conditional order and the final order, and 'petitioner' became 'applicant'. A search under Form D440 or the online service covers records from both eras — you do not need to know which terminology applied to your case.
Q How much does the search cost, and how is the fee worked out?
As at July 2026, the current D440 form sets the fee at £89 for each 10-year period searched by the Bury St Edmunds Divorce Unit (Central Index) if you don't know which court dealt with your case, or £61 per 10-year period if you know the court but not the case number. If you can give an approximate date, the court searches 5 years either side of it (a 10-year block); if you cannot give a date at all, it searches the last 10 years. If your case could fall outside that window, you may need to pay for a further block. Always check the current fee on GOV.UK before applying, as court fees are reviewed periodically and GOV.UK's web guidance has been known to lag the published form.
Q What information should I gather before I apply?
GOV.UK asks for: your name and contact details, the address the copy should be sent to, the name of the person who applied for the divorce, dissolution or annulment, the name of the person who responded, and the search start and end dates. The search will be faster if you can also give the date of the marriage, the date the application was filed, and the date and court of the conditional order/decree nisi and the final order/decree absolute, if you know them.
Q How long does the search take and what do I get back?
If you do not know which court to apply to and use the Bury St Edmunds Divorce Unit route, you should usually get a result within 45 days of the court receiving your payment. If a matching record is found, you'll receive a certificate of the search together with a copy of the final order or decree absolute by post. If nothing matches your search details, you'll receive a 'no trace' certificate instead.
Q What does a 'no trace' certificate mean, and what should I do next?
It means no record matching the details you supplied was found within the date range you searched — it does not necessarily mean the divorce never happened. Common reasons include: the search window didn't cover the actual date, a name was recorded differently (maiden name, spelling variation, remarriage), or the case was handled somewhere the search didn't reach. It is worth double-checking dates and names, then considering a further search covering a different period.
Q Can someone else apply on my behalf — for example, for probate?
The application will usually come from one of the parties to the marriage or their legal representative. If you are applying because someone has died and you need the record for probate, or for another third-party reason, it is sensible to explain your relationship to the case and why you need the document, and to check directly with the Bury St Edmunds Divorce Unit or take advice if your situation is unusual, since GOV.UK's published guidance is written primarily for the parties themselves.
Q Is help with court fees available for this search?
GOV.UK's Help with Fees scheme (Form EX160) covers a wide range of court and tribunal fees for people on a low income or certain benefits, but the published guidance for this particular search does not specifically confirm whether it is included. Check eligibility and the current position using GOV.UK's help with court fees service before assuming either way, or ask the Divorce Unit directly when you apply.
Q Why might I need a copy of my decree absolute or final order years after my divorce?
The most common reasons are remarriage (a registrar will want proof the previous marriage has legally ended), probate or inheritance matters, immigration and visa applications, name-change records, and occasionally financial or pension claims. Some overseas authorities also require a sealed copy before they will recognise the divorce. If you cannot find your original and don't know which court handled the case, a Form D440 search is the route to a replacement.
Q Can I apply online instead of using the paper form?
Yes. GOV.UK provides an online application service for people who do not know which court handled their case, as an alternative to posting or emailing the paper Form D440. Both routes lead to the same Bury St Edmunds Divorce Unit search and the same fee.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.