No. 40 - Decree Nisi - England & Wales
After the court receives the forms and other documents discussed in Part 39, a judge will check the sufficiency or otherwise of the divorce petition and the supporting affidavit evidence. The court will also check that financial issues and arrangements for the children have been agreed or are in the process of being resolved.
If the judge is satisfied the petitioner is entitled to a divorce, he or she will issue a certificate of entitlement to a decree and fix a date for the pronouncement of decree nisi. Conversely, if the judge is not satisfied, the petitioner will be given an opportunity to file additional evidence.
Decree nisi
If the judge decides the petitioner is entitled to a divorce, the court will send them Form D84A (certificate of entitlement to a decree). Form D84A states the date and time that the judge will pronounce the decree nisi. There is usually no need to attend court for the pronouncement.
After the court issues the decree, it will send the petitioner form D29 (decree nisi).
Significance of decree nisi
The decree nisi is the penultimate stage in the divorce process and must be in place before any final financial orders are made by the court (NB. the court may, however, issue interim financial orders where necessary).
If the judge refuses to issue the decree, the court will send the petitioner form D79 (notice of refusal of judge's certificate). This will explain the judge's reasoning and inform the petitioner what he or she needs to do to obtain a decree. It will also tell the petitioner whether a court hearing is necessary.
If, however, the court agrees to issue the decree, the petitioner only has to wait an additional six weeks and a day before he or she can apply for a decree absolute.
** Additional information & advice **
You can obtain further information about divorce on FindLaw.
Depending on your circumstances, however, you may want to speak with a solicitor who specialises in family law. You can be matched with a solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.
