Stage 2 - The application for Decree Nisi - Taylor&Emmet LLP | Sheffield Solicitors

Stage 2 - The application for Decree Nisi

What happens once I receive the Acknowledgement of Service form from the Court?

What happens once I receive the Acknowledgement of Service form from the Court?

The Court will send to you copy of the Acknowledgement of Service form. If you wish to instruct us to prepare the Application for Decree Nisi/Conditional Decree and Statement in Support please send to us:-

  • Acknowledgement of Service form
  • Payment of £60
  • Details of any changes since the Petition e.g. change of address etc

Payment at each stage must be made in advance by cheque payable to “Taylor and Emmet LLP” or by credit/debit card either at reception or by telephone. Please note that cheques take 5 working days to clear and payments by credit/debit cards take 3 working days to clear. There is a charge of 1.8% on credit card transactions.

Below are the instructions that you will receive in order to complete stage 2

Thank you for providing the Acknowledgement of Service form and payment. We now enclose the following:-

Application for Decree Nisi/Conditional Order
Statement in Support of Petition

Application for Decree Nisi/Conditional Order

Please sign the application in the box and date it.

Statement in Support of Petition

The Statement asks several questions which we have answered based upon the information on file. It is important the answers to the questions are true.

Please read through your copy of the Petition to check that the contents of the Statement are correct. 

You will need to sign the Statement where indicated on the last page.  We would draw your attention to the Statement of Truth and the warning attached.  Please note that proceedings for contempt of Court may be brought against you if you make a false statement.

If any of the information is incorrect please either write the corrections on the form and return it to us or Email your comments to us. We will then re-type the document and return it to you.

What shall I do with the documents?

Either post or hand deliver the Statement in Support of Petition together with the Application for Decree Nisi/Conditional Order to the Court. We would recommend that you take a copy of both completed documents before they are sent to Court.

What happens when I receive the Decree Nisi/Conditional Order?

If you wish to instruct us to prepare the Application for Decree Absolute/Final Decree please send to us:-

A copy of the Decree Nisi/Conditional Order
Payment of £60

Payment at each stage must be made in advance by cheque payable to “Taylor and Emmet LLP” or by credit/debit card either at reception or by telephone. Please note that cheques take 5 working days to clear and payments by credit/debit cards take 3 working days to clear. There is a charge of 1.8% on credit card transactions.

Is there any reason I should NOT apply for the Decree Absolute/Final Decree?

Once the Decree Absolute/Final Decree has been pronounced you are no longer legally married/in civil a partnership.

We would advise that you do not apply for Decree Absolute/Final Decree if you are still living in the family home and this is owned or rented in your spouse/partner’s sole name. This is because you would no longer have a legal right to occupy the property.

We would also urge you to consider carefully whether it is appropriate to apply for Decree Absolute/Final Decree if your spouse/partner has a pension. This is because you would lose any widow/widower’s benefits should they pass away once the divorce or dissolution has been finalised.

You should also bear in mind that once the marriage or civil partnership has been dissolved you may no longer inherit from your deceased spouse/partner’s estate.

Can the Respondent apply for the Decree Absolute/Final Decree?

If you do not apply for the Decree Absolute/Final Decree, the Respondent can apply three months after the date you were first able to make the application. The Petitioner has to be given notice before the Court will grant the Decree Absolute/Final Decree if the application is made by the Respondent.

Wills

At this stage we would strongly recommend that you consider making a Will, if you have not already done so. At Taylor&Emmet the fee for a straightforward Will is £180 including VAT. If you wish to make an appointment please contact our Wills and Probate department on 0114 218 4000.

File Closing Arrangements

If we do not hear from you within the next two months, or if you confirm now that you do not wish to instruct us further, we will arrange to close your file. This will be placed in our archive for a period of 7 years after which it will be destroyed.


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