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Before you can apply for a decree nisi

Before you can apply for a decree nisi, you must have:

• decided why you want to divorce (the supporting ‘facts’ to show ‘grounds’ for divorce)
  
• filed a divorce petition and got a response from your husband or wife

You can find out about these parts of getting a divorce by following the links below.

• Understanding grounds for divorce

• How to file for divorce

Applying for a decree nisi

You can apply for a decree nisi if your husband or wife isn’t defending your divorce petition.

The court will send you a copy of your husband or wife’s form D10. This form will show you that they are not defending the divorce.

When you get this, you can apply for ‘directions for trial’. This is asking the court to review your divorce paperwork and decide if the divorce can go ahead.

The paperwork you need to apply for a decree nisi

You need to fill in form D84 (application for decree nisi) and form D80 (statement in support).

Form D80 is a statement concerning your divorce. It confirms that what you say in your divorce petition is true.

You should also attach a copy of your husband or wife’s form D10. This will usually show the court that your husband or wife agrees with your reasons for divorce and any arrangements you’re proposing.

You or your adviser will need to return all this paperwork to the court dealing with your divorce.

There is a different version of the form D80 for each ‘fact’ for divorce. You’ll need to use the version of the form D80 that covers the ‘facts’ you’ve used in your divorce petition.

You can find all the versions of form D80 by following the link below and entering ‘D80’ in the search box.

• Find the right version of form D80 Opens new window

• Form D84 - application for directions for trial Opens new window

Getting a decree nisi

When you return these forms, the court will pass them to a judge. The judge then considers whether there is enough evidence to allow the divorce to proceed.

The judge will review all your paperwork, including any arrangements you’re proposing for children (if you have any).

The forms you will get back from the court

If the judge agrees, the court will send you and your husband or wife a form D84A (certificate of entitlement to a decree). This form tells you when the court will formally say you can divorce. You don’t have to go to court for this.

You will also get a form D84B, which says that the judge thinks the proposed arrangements for children are not a reason to delay the divorce. If you don’t have children, you will still get a form D84B. But it will say that you don’t have any children.

Once the court has formally said you can divorce, it will send you a ‘decree nisi’, also known as a form D29.

Soon after you get the decree nisi you will be able to apply for a ‘decree absolute’ to legally end your marriage. You can find out how to do this by following the link below.

• Completing your divorce and getting a 'decree absolute'

If the judge doesn't agree you can divorce

If the judge doesn't agree that you can divorce, the court will send you a form D79 (notice of refusal of judge’s certificate).

The form will tell you why the judge doesn’t think it’s right to agree the divorce. If the judge wants more information in writing, the form will tell you what to do.

If the judge thinks that there will have to be a formal court hearing, it will say so on the form. You and your husband or wife will have to come to court for this.

If there needs to be a court hearing, it’s a good idea to get legal advice if you haven’t already.

• Using solicitors or mediators to work out your ancillary relief application

• Find a legal adviser (Community Legal Advice website) Opens new window