Step 3
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Obtain Decree Nisi
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Once the petition has been acknowledged the court can issue the Decree Nisi. The Decree Nisi must be in place before any financial orders are made by the court. |
Overview:
Process:
The court will send a copy of the acknowledgement to the petitioner who will then advance the process by completing and filing two documents, a ‘request for directions for trial’ and an ‘affidavit in support of petition’.
The request for directions for trial is a short form which is simply signed.
The affidavit in support of the petition is the only evidence the court receives in the course of these proceedings. It is a sworn statement in a standard form affirming the truth of the petition and (in certain cases) identifying the respondent’s signature on the acknowledgement. It asks the court to grant a decree of divorce and will (where appropriate) ask the court to make an order for costs (see below). The affidavit must be ‘sworn’ before a court official or an independent solicitor. The court office will perform this function free of charge. A solicitor will charge £7.
On receipt of these documents the court file will be given to the judge to check the sufficiency or otherwise of the petition and the affidavit evidence in support. This will take some time, often a month or more. If the judge is satisfied with the documents he will certify that the case is suitable for decree nisi. Both parties will receive a copy of that certificate which will specify a date for the pronouncement of the decree nisi.
The pronouncement of the decree nisi is technically a hearing which the parties can attend. In practice no one ever does but if the respondent does object to the decree he or she can attend the court to make that objection. This hearing is also used as an occasion to resolve any dispute as to the costs of the proceedings.
Shortly thereafter both parties will receive a certificate confirming the decree nisi.
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Frequently Asked Questions:
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When I get the Decree Nisi – does that mean I am divorced?
Not yet, the Decree Nisi is a halfway point, it signifies that the court has accepted the grounds for divorce and the divorce process can move forward. The divorce is not finalised until your receive the Decree Absolute.
I have the Decree Nisi – what do I do next?
To complete the legal separation you need to apply for the Decree Absolute. But before you do that it is important that a formal agreement on finances is in place. If you apply for Decree Absolute before sorting out the finances you are at risk of losing some of your rights to financial support. So usually the next step is to apply for Ancillary Relief.
We have had a reconciliation – can we stop the divorce at this stage?
Yes – at any point before the Decree Absolute is issued you can apply to the court to withdraw the divorce petition.
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Useful resources for this step:
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Free Resources 
