We understand that legal forms with lots of complex jargon can make an already stressful situation seem that much worse. That’s why in this article, our UK divorce expertsexplain what the form D84 is, what happens after the form is submitted 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 applicant completes to apply for a conditional order in divorce proceedings. Under the old law, the D84 divorce form was used to apply for the Decree Nisi, but this is now outdated.
You can complete a D84 form on the government website. It’s important to note that this form is only valid for applications issued by the courts made after April 2022. If your application was before this, you will likely need to complete the old paper form.
Why do I need to fill out a D84 application form?
You must complete a D84 form online if you wish to progress your divorce to the conditional order stage. This is a necessary step to ensure your divorce is legally recognised by UK courts. After the D84 form is reviewed and a conditional order is granted, you need to wait 6 weeks and one day before you can apply for the Final Order of your divorce, which is the final step in the process. The D84 application triggers your conditional order, so this is crucial to your divorce proceedings.
If you do not progress your divorce by completing the D84 form, you are technically still legally married to your spouse, which could lead to complications further down the line if either of you wishes to marry someone else.
The purposes of Sections A & B
The D84 form has two sections: ‘Section A’ and ‘Section B’.
Section A
This section is completed when a divorce is not defended. You are simply required to confirm that you are applying to the Judge for a conditional order (previously decree nisi).
Section B
This section of the D84 form will only be completed if the divorce is defended. Here, the applicant confirms that they are applying for a Case Management hearing in front of a Judge.
You can fill out your application either on the HM Courts & Tribunal Service (HMCTS) online portal (which is typically quicker and easier for most people) or via post if that is easier for your circumstances.
If you are unsure how to proceed with your form, our divorce solicitors are here to help guide you through the process. Reach out to our team today to find out more.
Do any other documents need to be sent with the D84 divorce form?
Under the old divorce laws before the 2022 changes, you needed to attach an Acknowledgement of Service and a Statement in Support of Divorce, otherwise known as a D80, with your D84 divorce form. Previously, there were various types of Statement in Support forms, depending on the reason for your divorce, such as:
- D80A Adultery
- D80B Unreasonable behaviour
- D80C Desertion
- D80D Two years separation by consent
- D80E Five years separation (no consent necessary)
With the introduction of no-fault divorce, these are now irrelevant and no forms are needed in addition to your D84 conditional order application form.
What happens after the D84 is submitted?
Once the judge has received the form, the divorce application will be considered further. The court makes sure everything has been filled out correctly , and then provides a date when the conditional order is due to be pronounced. Following on from this, the applicant has to wait 6 weeks and 1 day before they can apply for the Final Order.
Once the applicant submits the Final Order application, the judge will consider if all is in order and if the appropriate amount of time has passed since the conditional order was granted. If the judge is happy with the above, the Final Order will be granted, meaning that the parties will be legally divorced.
Recognising the impact on a financial settlement
It is highly recommended that the financial side of the divorce is dealt with before the Final Order 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.
Please note that the court can only make a financial order once the divorce progresses to the conditional order (previously known as Decree Nisi) stage, therefore it is imperative that the D84 form is completed as soon as possible to avoid any delay in progressing a financial settlement.
Hear what one of our divorce lawyers has to say
Judit Kerese, Senior Associate at our Cardiff law office, says:
“It is important that you seek legal advice at an early stage to understand the process in relation to the divorce and finances. We strongly recommend that financial matters are fully considered before finalising the divorce process itself as otherwise you could be left in a financially vulnerable position.
“The divorce final order only severs the financial ties between parties and does not sever the marital tie, therefore it is best to understand your financial position first before finalising the divorce to avoid any uncertainty or exposure.”
Before completing the D84 form (or indeed any other piece of divorce paperwork), we recommend seeking legal advice for your specific circumstances to ensure you don’t find yourself in a tricky situation.
Our expert divorce solicitors are here to help
If you find yourself overwhelmed by the D84 application form or are unsure where to begin, our specialists are here to help. We’ve been helping clients across the UK with their divorces for over 50 years, so you’re in safe hands with us.
Please contact our Client Care team to speak to be matched with the right lawyer for your needs.
