Step 5) Apply for Decree Nisi
If your spouse signs and returns their paperwork to the court then a few days later the court will send you a copy of the Form D10 (Acknowledgment of Service) signed by your spouse.
The following information is also included in the documents that the court send you:
- that the respondent and any co-respondent has received the divorce petition;
- that the respondent and any co-respondent have admitted to committing adultery if this was the grounds for divorce;
- that the respondent consents to a divorce, if the grounds for divorce were that you have been separated for and living apart for two years.
You can now apply to the Court for the Decree Nisi. The petitioner must provide a statement of truth in support of divorce application using Form D80 to confirm that the contents of the Form D10 (acknowledgment of service) are correct.
D80 is a statement of truth in support of divorce application, it was known as the affidavit before April 2011, the new form D80 no longer needs to be sworn in court.
|Applicant (you) sends the request for directions to trial to the court. |
|Send these documents by recorded delivery or hand deliver them to court.|
|The package will include these documents:|
D80A (or B/C/D/E)
|Statement of truth in support of divorce application.|
|Form D84||Request for directions to trial|
The court will then consider your application and (hopefully) grant the Decree Nisi
Once the Judge has the divorce application (form D8) along with the application for Decree Nisi (forms D84 and D80), along with the respondents acknowledgment (form D10) the application will be considered, if there are no errors and the Judge agrees the marriage has broken down you will both receive a letter giving you the date when the Decree Nisi will be granted.
The court then makes an appointment for the pronouncement, this being about 5 weeks after sending the application for a Decree Nisi to the court. It is not a requirement that the parties be present when the Decree Nisi is pronounced and the court will send to the petitioner, respondent and co-respondent Form D29 (Decree Nisi).
If you are using either unreasonable behaviour or adultery and the costs are disputed - you will both be asked to attend court usually when the Decree Nisi is to be pronounced to make your respective case for costs after which the judge will decide who is to pay and how much.
Once the Decree Nisi is granted effectively the divorce is granted, Decree Nisi translates as Decree unless, from this point it is very difficult to withdraw the application.