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If you have recently divorced in England or Wales, you may be surprised by how your final order looks. There is no traditional wet-ink signature or stamp. Instead, you receive the document electronically. This is fine for use in the UK. But if you need to use your final order in the Czech Republic, such as for your citizenship application, there are a few more steps involved.

Final order or decree absolute?

Just to make things clear – a final order is the document that officially ends your marriage. Before April 2022, the same document was known as a decree absolute. In contrast, a conditional order (previously decree nisi) does not legally end your marriage. You cannot use this order to prove that your marriage is over. You will need a final order (decree absolute).

I have my final order. What now?

If you are submitting your final order to a Czech authority, such as the Embassy, you will normally be asked to have it legalised with an apostille. A UK apostille is basically a large sticker attached to the back of a document. In simple terms, an apostille confirms to a foreign authority that the document is genuine. The FCDO, which issues apostilles, currently cannot legalise documents that do not have a wet-ink stamp or signature. Because modern final orders are issued electronically and do not have a traditional wet-ink court stamp or signature, they cannot be legalised directly. As a result, there is an extra step before you can obtain the apostille.

Start with a notary…

Your first step is to take the final order to a UK notary. The notary certifies the document – that is to say, they confirm that it is genuine. You can then arrange an apostille from the FCDO Legalisation Office. The sworn translation comes afterwards.

The correct order

Final order → Notary → Apostille → Certified translation

More and more notaries are happy to authenticate your final order remotely. You meet online (for example, on Microsoft Teams), and while sharing your screen, you show them your final order. They will then print it out, attach their seal of office and wet-ink signature, and post it to your address.

…or ask the court to authenticate your document

Alternatively, you can ask the court that issued the final order to authenticate it with a wet-ink stamp or signature. This will save you money because notaries are quite expensive in the UK. But it will probably take some time, possibly up to three months. In my experience, most clients choose a notary.

When should I arrange the certified translation?

Once the final order has been notarised (or authenticated by the issuing court) and apostilled, it is ready for translation. Please note that under Czech laws and regulations, only competent and duly appointed official translators can produce sworn translations for official purposes.

Not every final order needs to be notarised first

Electronically issued final orders with no wet-ink stamp or signature are still a relatively new development. If you have an older final order or decree absolute, it may already have the issuing court’s wet-ink stamp or signature on it. If it does, you do not need to have it authenticated by a notary.

Need your final divorce order translated?

If you have a final order that has been legalised with an apostille, contact me for a quote. If you are not sure what needs translating, I would recommend checking the requirements with the authority that will be processing your application. The Embassy of the Czech Republic in London (as well as the Consulate General in Manchester) provides a lot of useful information and guidance on its website and by email. And, of course, I would be happy to provide you with guidance by email or phone.

Contact me today to discuss how I can assist you.