Divorce procedure continued

Contents
1. Application for directions for trial 1.1. Considering your divorce 1.2. Where you are entitled to a divorce 1.3. Where you are not entitled to a divorce 2. Decree nisi to decree absolute 2.1. Application for decree absolute

Once the respondent has acknowledged service of the divorce petition stating that he or she does not contest it, you may make an application for directions for trial.

If the respondent has not acknowledged service of the divorce petition or you are not yet at this stage in your divorce process please see:The initial divorce procedure

In order to complete this stage of the process, you must complete the following documents and take them to your divorce court:

a) Form D84 (Application for Directions for Trial)

b) The correct version of Form D80 (Affidavit of evidence) depends on the grounds of your divorce:

• Form D80A (Adultery)
• Form D80B (Behaviour)
• Form D80C (Desertion)
• Form D80D (2 years’ separation with consent)
• Form D80E (5 years’ separation)

Your completed documents will be referred to a judge who will look at all of the information and decide whether or not to grant you a divorce.

If you have children, the judge will also consider the arrangements that you have proposed in relation to your children. If they are happy with the arrangements that you have proposed, they will send you Form D84B (notice of satisfaction with the arrangements for the children).

In exceptional cases where the court is not happy with your proposed arrangements, they will send you Form D66 (notice that decree should not be made absolute). If you are sent Form D66 then you will be prevented from finalising your divorce until a judge has made suitable arrangements for your children. If you receive Form D66, you are advised to obtain legal advice.

If the judge decides that you are entitled to a divorce then the court will send you Form D84A (certificate of entitlement to a decree). Form D84A will tell you the date and time that the judge will grant your divorce this is called, ‘pronouncing decree nisi’. There is usually no need to attend court for this process and once granted the court will send you Form D29 (decree nisi).

If the judge decides that you are not entitled to a divorce then the court will send you D79 (notice of refusal of judge’s certificate), which will explain why your divorce has not been granted. The court will also inform you if additional information is required in order to obtain a divorce and whether a court hearing will be held to decide facts.

If your divorce is refused, you are advised to obtain legal advice.

When your divorce is granted, the court will send you a copy of Form D29 (decree nisi). In order to formalise your divorce at this stage, you must make one further application known as an ‘application for decree absolute’.

If you have children before applying for your decree absolute, you must check whether the court has sent you Form D84B or D66.

a) Where you are sent a D84B

If the court has sent Form D84B, you may make an application for decree absolute (see below) six weeks and one day after the date that your decree nisi was pronounced.

b) Where you are sent a D66

If the court sent you Form D66, you must wait for the court to make satisfactory arrangements in relation to your children before you may apply to finalise your divorce. The court will contact you and inform you of the next steps that you must take. If you receive a Form D66, you are advised to obtain legal advice so as to protect your interests and the interests of your children. Once satisfactory arrangements have been arranged by the court, you may apply for your decree absolute (see below).

In order to make an application for decree absolute, you must complete and send or take to the court Form D36 (notice of application for decree nisi to be made absolute) and the court fee (if applicable) to the court.

If all in order, the court will send you and the respondent a form D37 (decree absolute). This is the final decree and you may remarry if you wish. You can apply for the decree absolute six weeks and one day after the decree nisi. If you don’t apply for the decree absolute, then your husband or wife as the respondent can apply for it, but only after a further three months have passed.

Financial orders on divorce.

A judge can make a final financial order before the decree absolute is granted, but the order will only come into force after the decree has been made absolute. A financial order cannot be made after decree absolute has been granted. Financial orders are also known as ancillary relief.