A decree nisi is an issued court order confirming that the marriage has irretrievably broken down and parties are therefore entitled to a divorce.
To apply for a decree nisi then you will need to fill in the application form which relates to the ground in which the divorce is being pursued and submit this along with a copy of your spouse’s divorce acknowledgement of service.
If this is an amicable divorce then you fill in Section A – undefended case.
If this is not an amicable divorce and your spouse is against then you will need to fill in Section B – defended case.
A certificate of entitlement to a decree means that the court considers that you fulfil the requirements for a divorce and are as such entitled to seek a decree nisi.
Following your application and if the judge agrees you will be given a certificate of entitlement to a decree.
Included in your certificate of entitlement to a decree will be the time and date the decree nisi was granted.
6 weeks after this has been granted then you will be able to apply for a decree absolute.
To apply for a decree absolute you must fill in a decree absolute form. If you don’t send in a decree absolute form within 12 month of getting the decree nisi then you will have to attend court and explain why.
After you have sent in the decree absolute form and it has been granted then the marriage is over and you are free to marry again if you wish.
If the judge does not approve your decree nisi then you will be issued with a notice of refusal of judge’s certificate. In this certificate will be the reasons the decree nisi was rejected.
In this form will also be details of what to do next. It may be that the judge needs more information before granting the decree nisi. Or in some instances you may have to attend a court hearing.
If you have to attend a court hearing then get legal advice. No.1 solicitors have a team of divorce lawyers who can assist when you are faced with the prospect of attending court.
Our divorce lawyers are on hand to offer help and advice when you are going through a divorce and understand how emotionally draining it can be.
Did you know that we have family lawyers in York, Harrogate, Oldham, Manchester and London.