After you apply for the divorce to proceed, the matter will go before a district judge – this is usually the only time a judge considers the papers in an undefended divorce. The district judge will consider three things: whether you are entitled to the divorce, who should pay the costs (if you have claimed costs in your petition) and whether they are satisfied about arrangements for any children. I will deal with each of these in turn.
If the district judge is satisfied that you are entitled to the divorce, then they will certify this and fix a date for the pronouncement of the decree nisi – see below. If the district judge is not satisfied that you are entitled to the divorce, then they may give you the opportunity to file further evidence with the court, possibly by way of an affidavit dealing with the issue or by requiring you to amend the petition – see the section below regarding amended petitions. Alternatively, if there is a serious problem then the district judge will remove the case from the special procedure list, which essentially means that the divorce cannot be dealt with on the papers alone and you will have to apply for a hearing to be fixed, at which the court will give directions as to how the matter is to proceed – in such a situation, you should consult a solicitor.
If the district judge certifies that you are entitled to the divorce then, if you have claimed costs in your petition, they will consider that claim. If they are satisfied that you are entitled to the costs (for example where the respondent does not object to paying), they will include a statement to that effect in the certificate. If they are not satisfied, then the parties will usually either be given the opportunity to file further evidence on the issue of costs (that is, explain why the respondent should/should not pay) or will be required to attend court when the decree nisi is pronounced to argue the issue (if the respondent does not attend, then the court will simply order them to pay the costs). For further information on the issue of costs, see Chapter 7.
The third matter that the district judge will consider is the arrangements for any children. If they are satisfied with the arrangements, they will certify that the court need not take any action regarding the children. If they are not satisfied, then the court will give directions as to what needs to be done. These may include the parties filing further evidence relating to the arrangements for the children, that a welfare report be prepared or that the parties attend the court. The court may also direct that the divorce should not be finalised until it is satisfied with the arrangements for the children. For further information regarding arrangements for children, and the types of orders that the court can make, see Chapter 2.
If the district judge is satisfied that you are entitled to the divorce, then you will receive notification of the date for the pronouncement of the decree nisi. The decree nisi is pronounced in open court but there is usually no need to attend. Normally, the only time an attendance is required is when one of the parties objects to the court making an order for costs – see above. The court will post the decree nisi to you after it is pronounced.