Application for decree nisi in divorce
Application for decree nisi in divorce

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Application for decree nisi in divorce
  • Application for decree nisi
  • Consideration of costs
  • Children of the family
  • Setting aside the certificate of entitlement—permission to file answer after certificate given
  • Pronouncement of decree
  • Cross-decrees
  • Rectification of decrees
  • Setting aside or rescission of decree nisi
  • Defective divorce petitions or decrees

Application for decree nisi

The ground for granting a decree of divorce is the irretrievable breakdown of the marriage. If the court is satisfied that the petitioner has proved one of the five facts on which the petition was presented, and there are no other circumstances that would justify a dismissal of the petition, the decree will be pronounced.

Circumstances in which the court must dismiss a prayer for relief include where the only fact on which the petitioner is entitled to rely in support of their petition is that the parties have lived apart for a continuous period of five years immediately preceding the presentation of the petition, and the court is satisfied, after considering all the circumstances, that a dissolution of the marriage would result in grave financial or other hardship to the respondent, and the grant of a decree is opposed by the respondent on this ground.

Where the case is proceeding undefended, the petitioner (applicant) can apply to the court for it to consider the making of a decree:

  1. at any time after the time for filing the acknowledgment of service has expired, provided that no party has filed an acknowledgment of service indicating an intention to defend the case, and

  2. in any other case, at any time after the time for filing an answer to every