If you are legally ending your marriage by divorcing or ending your civil partnership through a dissolution in England and Wales, there are four main documents - which correspond with the four steps in the proces to divorcing - that need to be completed. The Decree Nisi is normally the third step in the process.
The ‘Decree Nisi’ is one of the four main documents involved in the legal process of separating. It is comprised of two parts and is officially referred to as the D84 form. The purpose of the form is to confirm that you would like to proceed to the next stage of your divorce or dissolution.
The second part of the Decree Nisi form is your supporting statement where you provide the courts with the reason for your divorce (more on that further down in this article)
To make things easier, we’ve listed all four stages so you can see where the Decree Nisi comes in and why it’s important.
You will need to decide who is the Petitioner (the person starting the divorce) and who is going to be the Respondent (the person responding to the petition). The Petitioner needs to start the process by filling in a ‘D8’ aka the divorce/dissolution petition.
Once the court has received your petition and you have paid their fee (use our court fee calculator here to work out if you’re entitled to a discount), the court will send copies of the paperwork to the Respondent (person responding to the petition). They will receive a Notice of Proceedings, a copy of the divorce petition and an ‘Acknowledgement of Service’ or ‘D10’ form. The Respondent needs to answer the questions on the Acknowledgement of Service form, sign and date it and return it to the court address at the bottom of the sheet.
There are three stages here.
The Decree Nisi pronouncement is usually 2-6 weeks after you receive your Certificate of Entitlement letter.
The Decree Nisi Pronouncement date is also significant in your separation journey as, after this date, you’re able to submit your financial proposal (sometimes called a consent order, clean break consent order or financial remedy order) to the court too. The rationale behind this is you can’t make your financial split legally binding until the court have agreed you can separate in the first place.
It’s important to note that you are NOT divorced at Decree Nisi stage, think of this step as the ‘pending stage’ in the divorce or dissolution.
This is the final stage of the divorce process and only the Decree Absolute means you’re officially divorced. Until you have this final piece of paper, you are still legally married/in a civil partnership.
You will have to wait a minimum of six weeks and one day after your Decree Nisi has been pronounced before you can send your application for the Decree Absolute to the court. Essentially, the court is giving you some cooling off time to ensure that you’re sure you’d like to proceed to the divorce.
1-2 weeks after the Petitioner has sent the application to the court, you’ll both receive a Decree Absolute certificate which completes the divorce/dissolution process and means you’re legally divorced. The Decree Absolute replaces your marriage/civil partnership, certificate as confirmation that you’re divorced, so make sure to keep it in a safe place.
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