Legal Definitions - absolute

Definition: Absolute means final or without limitations. It is commonly used in property law and divorce law.

In property law, absolute is used to describe an estate that is free from any limitations. This means that the owner has complete control over the property and can do whatever they want with it. The only type of estate that can be absolute is a fee simple.

In divorce law, an absolute divorce is a final judgment of divorce that dissolves the marriage and allows both parties to remarry. This means that the marriage is completely over and there are no more legal ties between the two parties. All spousal rights are severed, including spousal privilege. The parties may no longer inherit from one another and all survivorship rights in property are considered as held jointly in common.

For example, if John and Jane get an absolute divorce, they are no longer legally married and can both remarry if they choose to. They cannot inherit from each other and any property they owned together is now considered jointly owned.