Step 6: The Pronouncement of Decree Nisi
If the Judge is satisfied by the documents filed by the petitioner then they will send all parties a form D84A (certificate of entitlement to a decree).
This form will announce the time and date when the judge will grant the divorce. This is called “pronouncing the decree nisi”. On the date, the judge will simply read out a list of names, usually to an empty room, one of which will be those of the petitioner and respondent. There is absolutely no need for either to attend this pronouncement.
If there are no children of the family then at the same time as they receive the certificate of entitlement the petitioner and respondent will also receive form D84B (notice of satisfaction with the arrangements for the children). This confirms that there are no children of the family.
Once the decree nisi has been pronounced the petitioner, respondent (and any co-respondent) will be sent form D29 (decree nisi). This means that the petitioner is now ready to take the final step and apply for the divorce to be made final.
What if the Court aren’t satisified there are grounds for divorce?
If the court aren’t satisfied then the petitioner will receive a form D79 (notice of refusal of Judge’s certificate). This form will tell the petitioner exactly what the problem is. Usually the judge just requires further information and clarification and the petitioner should respond in writing with this.
If, despite this clarification, the Judge still does not feel able to grant the divorce then there may have to be a Court hearing. The divorce will be “removed from the special procedure list and entered into the undefended list.” The hearing will take place at Court and the petitioner will have to attend. If they are told that a hearing is going to take place then the petitioner should seek immediate legal advice.
Next Step - Step 7: Application for Decree Absolute
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