Step 7: Application for Decree Absolute
The word nisi is latin for unless. Therefore when the parties receive a copy of form D29 (the decree nisi) from the Court it means they are divorced “unless”. It is important that the petitioner is aware that the divorce is not yet final.
There is a different version of the decree nisi for each of the five grounds for divorce, but each will state more or less the same thing, that the decree nisi is not the final decree and the date on which the final decree, or decree absolute, can be applied for.
The petitioner should diarise this date immediately. The first date that they can apply for the decree absolute is six weeks and one day from the date the decree nisi was pronounced.
If, three months after the six weeks and one day, the petitioner has still not applied for the decree absolute, then the respondent may do so instead.
If the petitioner asked that the respondent (or any named co-respondent) pay the cost of the divorce and the court agreed then the petitioner will also be sent a form D61 (order supplementary to decree nisi). A copy will also be sent to the respondent (and any co-respondent).
If there are any children of the family then the petitioner should also check that the court has sent a form D84B confirming that they are happy with the arrangements in place for the children. If the petitioner has not yet received this form or has been sent instead a D66, raising concerns about the arrangements, then they will not be able to apply for decree absolute until this problem is resolved.
Completing the notice of application for decree nisi to be made absolute:
Once the six weeks and one day has passed and presuming that all relevant documentation has been received from the Courts then the petitioner can apply to have the divorce made final. They will receive no prompting from the court to do this and therefore they must remember to make the application themselves.
The petitioner will require a form D36 (notice of application for decree nisi to be made absolute). This is another simple form which just requires the petitioner to fill in the blanks and sign and date it. It should then be filed with the Court.
Along with the notice of application, and unless they are exempt from doing so, the petitioner must also pay a Court fee of £40. Cheques should be made payable to “Her Majesty’s Court Service”. The court office will not accept debit or credit cards.
Next Step - Step 8: The Granting of the Decree Absolute
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