What is a Form D84 and when do you complete it in a divorce?
The divorce process brings with it a lot of paperwork and forms to complete.
In this article, we will explain what the D84 form is and at what point in your divorce you will need to complete it.
What is a Form D84?
A form D84 is the document that the petitioner completes to apply for a decree nisi in divorce proceedings.
This form is completed once the respondent has signed and lodged their Acknowledgment of Service with the court.
The purposes of Section A & B
The D84 form has two sections: ‘Section A’ and ‘Section B’.
Section A is completed when a divorce is not defended. In this section, the petitioner is required to confirm that they are applying to the Judge for a decree nisi.
Section B of the D84 form will only be completed if the divorce is defended. Here, the petitioner confirms that they are applying for a Case Management hearing in front of a Judge.
Do any other documents need to be sent with the D84 form?
A ‘Statement in Support of Divorce’ otherwise known as Form D80 should be sent with the D84 form.
There are different Statement in Support forms, depending on the fact that you have used for the divorce.
These are as follows:
D80B Unreasonable behaviour
D80D Two years separation by consent
D80E Five years separation (no consent necessary)
For example, an unreasonable behaviour divorce petition would require you to complete a Form D84 and a Form D80B to apply for a decree nisi.
It is worth noting that you do not need to complete these forms if you are using the online divorce portal.
What happens after the D84 is submitted?
Once the judge has received the divorce petition and decree nisi application (including the D84 form), together with the Acknowledgment of Service (signed by the respondent), the divorce application will be considered.
As long as the paperwork is completed correctly and the court is satisfied that the marriage has irretrievably broken down, both parties will receive a letter called the ‘Certificate of Entitlement’ confirming the date that the decree nisi will be granted. This is usually five weeks after the application is approved.
Decree nisi pronouncement date
On the decree nisi pronouncement date, the petition will be read in court to make this legal step ‘official’. However, this is just a formality, and there is usually no need for either party to attend the pronouncement.
Very occasionally, if the costs are disputed, both parties may need to attend to make a case for the costs. The judge will then make a final decision about who pays what.
Once the decree nisi is granted, both parties will receive a copy in the post. Then, there is a 6-week and 1-day cooling-off period before you can apply for the decree absolute, which is the final part of the divorce process.
Impact on any financial settlement
It is highly recommended that the financial side of the divorce is dealt with before the decree absolute is applied for. If not, this can have an impact on the value of any settlement and could expose either you or your spouse to potential risk if a sealed financial settlement is not obtained before you are divorced.
Before completing the D84 form (or indeed any other piece of divorce paperwork), you should seek legal advice for your specific circumstances.
Get in touch
If you would like any advice on divorce or other family law issues, please do contact our Client Care Team to speak to one of our specialist divorce lawyers here.