Application for decree nisi—nullity
Application for decree nisi—nullity

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

  • Application for decree nisi—nullity
  • Application for decree nisi
  • Consideration of costs
  • Children of the family
  • Setting aside the certificate of entitlement
  • Pronouncement of decree
  • Cross-decrees
  • Rectification of decrees
  • Rescinding decree nisi
  • Rehearing

Application for decree nisi

In the case of a petition for nullity, if a finding is made that justifies the grant of a decree, the decree will be pronounced if the court is satisfied that there are no other circumstances that would justify a dismissal of the petition.

Such circumstances would arise where the respondent, in proceedings for nullity on the ground that the marriage is voidable, satisfies the court that the bar to a decree applies.

Application for decree nisi is made in Form D84, which must be accompanied by a statement in standard form containing prescribed information—Form D80F for void marriages and D80G for voidable marriages.

If at the time that the court is considering the application for decree nisi the case is undefended and, if satisfied that the applicant is entitled to a decree, the court must so certify and direct that the application be listed before a district judge for the making of the decree at the next available date.

The court can only give directions if it is satisfied:

  1. that a copy of each application for a matrimonial order or answer (including any amended application or answer) has been properly served on each party on whom it is required to be served, and

  2. that the application for decree nisi was made at a time permitted by the Family