I have a Decree Nisi/Conditional Order

What must I do next?

What will happen when the Judge has pronounced my decree nisi/conditional order?

The court will send you and the respondent (and any named co-responden) your decree nisi or conditional order.  This will tell you that this is not the decree absolute/final order.  It will also tell you when you can apply for your decree absolute/final order.

If you asked that the respondent (or any named co-respondent) pay the cost of your divorce/dissolution and the court agreed, this will be shown ona  separate order.  A copy will also be sent to the respondent (and any named co-respondent).

 

What must I do before I apply for my decree absolute/final order?

Check that six weeks have passed since your decree nisi/conditional order was pronounced.

If you are the respondent and the petitioner has not applied for the decree absolute/final order after three month six weeks and one day from the date your decree nisi/conditional order was pronounce, you can make an application to the court requesting that the decree nisi/conditional order be made absolute or final.  The matter will be considered by the judge at a hearing. 

If the application for the decree nisi/conditional order to be made absolute/final is lodged more than 12 months after the decree nisi/conditional order, an explanation in writing must be lodged with the application for the decree nisi/conditional order to be made final containing the following information:

a) why the application was not made earlier

b) a statement as to whether the parties have lived together (including any dates) since the decree nisi/conditional order

c) a statement to confirm whether or not any child(ren) have been nborn to the petitioner/respondent spouse since the decree nisi/conditional order was made.

You should check with the court to find out if you will also need to verify this with a statement of truth.

 

Do I need a form to make my decree nisi/conditional order?

Yes, you will need to complete Form D36 then return it to the court.  When you send your form to the court, the court will check the following:

  • there are no exceptional circumstances affecting the decree absolute/final order
  • six weeks have passed since your decree nisi/conditional order was pronounced
  • there is no other reason why your decree nisi/conditional order cannot be made absolute/final.

If everything is in order the court will send you and the respondent your decree absolute or final order.  Your decree absolute/final order is proof that you are no longer in a marriage/civil partnership and are free to re-marry/enter into another civil partnership.

Your decree absolute/final order is an important document and should be kepy securely as it may be required at a later date.