After your spouse has been served

Once the court is satisfied that your spouse has been served with the divorce petition or has dispensed with the need for service, you may apply for a Decree Nisi, on a Form D84. There is a £50 fee.  If you cannot afford to pay the fee, then you can apply for a fee exemption using a form EX160.  If your husband or wife is defending the case, fill in section B of the form, saying you want a ‘case management hearing’ before the judge.

If your spouse is not defending the case, just complete section A, sign and date the form.  You also need to fill in a statement confirming that what you said in your divorce petition is true. There are five different statement forms and you should complete the one which matches the fact you are relying on to divorce:

  • Form D80a – adultery statement
  • Form D80B – unreasonable behaviour statement
  • Form D80C – desertion statement
  • Form D80D – 2 years’ separation statement
  • Form D80E – 5 years’ separation statement

The court should send you a form D84 and the appropriate statement form but if not you can find them at: www.hmcourts-service.gov.uk.

The judge will then consider whether you are entitled to a divorce. If the divorce is undefended you do not have to attend court for a hearing. The judge simply looks at the paperwork.

If the judge is satisfied you are entitled to a divorce, then the court will send you a Certificate of Entitlement to Decree Nisi. This will give a date and time at which your decree nisi will be pronounced at court. You do not have to attend court for the pronouncement although you can if you want to.  Decree nisi is the first stage of the divorce and does not dissolve or end the marriage itself.

Six weeks and one day after the date of your decree nisi, you can apply for your decree absolute. You will need to fill in and sign a form D36 Application for Decree Nisi to be made Absolute. The application is simple. However, if it has been over 12 months since the date of the decree nisi then the court will require further information from the Petitioner. If it has been over three months since the decree nisi, the Respondent may apply for a decree absolute if the Petitioner has not done so already.

It is only when decree absolute has been granted that your marriage has formally ended. You and your spouse are then free to marry again if you wish.

 

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