In this article, we will explain what the D84 form is and at what point you will be required to complete it.
The D84 is the form that the ‘petitioner’ (the person who applied for the divorce), completes in order to apply for the decree nisi.
The D84 form has two sections: ‘Section A’ and ‘Section B’.
Section A is completed when the divorce is not defended. In this section, the petitioner is required to tick a box to say that they are applying to the Judge for a decree nisi.
Section B of the D84 form will only be filled in if the divorce is defended. Here, the petitioner confirms that they are applying for a Case Management hearing in front of a Judge.
When applying for the decree nisi, the petitioner must also provide a ‘statement of truth’ in support of the divorce application, using the relevant form (the D80) to confirm that the contents of the Acknowledgement of Service is correct.
In total, there are five different versions of the D80:
• D80A Adultery
• D80B Unreasonable behaviour
• D80C Desertion
• D80D Two years separation by consent
• D80E Five years separation (no consent necessary)
The one the petitioner will use will depend on which reason (or ground) they are relying on for their divorce.
Once the judge has received the divorce and decree nisi applications (including the D84 form), together with the Acknowledgement of Service (signed by the respondent), the divorce application will then be considered. As long as there are no mistakes and the judge is in agreement that the marriage has irretrievably broken down, both parties should then receive a letter confirming the date that the decree nisi will be granted.
An appointment is made by the court in order to pronounce the decree nisi. This is normally around 5 weeks after the application for the decree nisi is sent to the court.
There is usually no need for either party to attend the pronouncement of the decree nisi. In some circumstances, if the costs are disputed, the respondent and the petitioner may need to attend court when the decree nisi is pronounced, in order to make the case for costs. The judge will then decide who is to pay, as well as the amount they will be required to pay.
At this point, it is necessary to wait at least 6 weeks and 1 day before applying for the decree absolute (the final part of the divorce process).
Before completing the D84 form (or indeed any other piece of divorce paperwork), it is highly recommended that you seek legal advice for your specific circumstances.
Our expert family law solicitors can help you with a range of legal issues relating to how to deal with a D84 Form, including:
For more information call our divorce solicitors on 0845 862 5001 or email email@example.com.
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