Applying for the conditional order- D84
The first divorce order is the conditional order (formerly known as the Decree Nisi) which can be applied for online or using paper form D84 20 weeks after the date of issuing the divorce application
The aim of this 5-month or 20 week period is to ‘provide a meaningful period’ of reflection and offer you the opportunity to either turn back if you both decide to
OR
if the divorce is inevitable, it gives you and your former partner time to work together in mediation or some other suitable dispute resolution process to make financial and child arrangements for the future.
In some situations an application can be made to shorten this 5 month period. Watch my video about making urgent applications in exceptional circumstances.
If the court is not satisfied that you can have a conditional order they can ask for further information or ask you to attend a court hearing.
This said, it is difficult to envisage when this likely to happen given that the question of irretrievable breakdown cannot be challenged.
You will be sent a Certificate of entitlement to a Conditional order confirming that you are entitled to a conditional order, providing you with a date for pronouncement of this order.
If, during the 20 week period, between issuing the divorce application and application for the conditional order, you have reached a financial agreement in mediation and presented this to the court in the form of a financial consent order, the certificate of entitlement may also certify that you are entitled to the financial order as agreed
Have a look at a completed example of a Certificate of entitlement in chapter 6 of the Divorce Manual
Following the date of pronouncement of the Conditional order you will receive the conditional order confirming the date and listing various legal rights and responsibilities that will change after you divorce, emphasising the need to sort out you financial arrangements and obtain a financial consent order before applying for the final divorce order
See an example of a Conditional order in resource section to chapter 6 of the Divorce Manual.
On to the final step, step 5 and applying for the Final divorce order
Watch the video related to this article.
It provides a quick and easy guide to everything you need to know. You can find other useful videos here at our YouTube channel.
Check out your buying options
TRY BEFORE YOU BUY.