Divorce – Decree Nisi (Conditional Offer) & Decree Absolute ( Final Order)

Applying for Decree Nisi (Conditional Order) (Form D84)

A decree nisi  (now the Conditional Order) is a document that says that the court does not see any reason why you cannot divorce.

You can apply for a decree nisi if your partner does not defend your divorce petition.  

You’ll still be married after the decree nisi has been granted. You’ll have to wait 43 days (6 weeks and 1 day) before you can apply for a ‘decree absolute’ (now the Final Order) to actually end the marriage.

If there are any complications and if you are required to go to court to solve some legal problems, you may be able to find a solicitor or a barrister to represent you here.

If you want legal support with your court case but cannot pay for it, you may be able to get free legal help from barristers through an organisation called Advocate. Or check if you are eligible for legal aid here  . Or to apply for Exceptional Case Funding here

There is also a guide to represent yourself  here

 

Applying for a Decree Absolute (Final Order) (Form D36)

The decree absolute (now the Final Order)  is the legal document that ends your marriage.

You need to wait at least 43 days (6 weeks and 1 day) after the date of the decree nisi before you can apply for a decree absolute.

Apply within 12 months of getting the decree nisi – otherwise you will have to explain the delay to the court.

If a solicitor is acting for you, the decree absolute will be sent to them.

You’ll need to ask them for a copy.  Once you get the decree absolute, you are divorced, no longer married and free to marry again if you wish.

Familiarise yourself with “Divorce terminology” and the recent changes here