Form D84NV: Apply for Conditional Order of Nullity UK
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If you have started annulment proceedings and want the court to confirm there is no reason why your marriage or civil partnership cannot be annulled, Form D84NV is the application you need. It is the step that moves your case from the initial nullity application towards a conditional order, which is the court's formal acknowledgement that the legal grounds for annulment appear to be made out.
This guide walks through what the form is for, who can use it, when it fits into the annulment timeline, and what to be aware of when completing and submitting it. Nullity cases can be legally technical, so understanding the purpose of each stage helps you avoid missteps that can delay the outcome.
We have written this in plain English so you can see what is involved before you commit to the process.
What this document is
Form D84NV is the court form used in England and Wales to ask a judge to make a conditional order of nullity. A conditional order is the first of two orders the court issues when granting an annulment. It confirms the court is satisfied, on the evidence submitted, that the marriage or civil partnership meets the legal grounds to be treated as void or voidable.
The form is filed after you have already submitted your nullity application and served it on your spouse or civil partner, and once any required responses or acknowledgements have been dealt with. The relevant legal grounds sit in section 11 and section 12 of the Matrimonial Causes Act 1973 for marriages, and in sections 49 and 50 of the Civil Partnership Act 2004 for civil partnerships.
Grounds include things like the parties being too closely related, one party already being married or in a civil partnership, or a party lacking capacity to consent. The conditional order does not end the marriage or partnership on its own, a separate final order must be applied for afterwards.
How to use this document
- Confirm you are at the right stage. Form D84NV is only appropriate once your nullity application has been issued by the court and properly served on the other party. If you have not yet started the process or your application has not been acknowledged, you are not ready to file this form and doing so early can cause your application to be rejected or paused.
- Gather your case details. You will need the case number, the names of both parties as they appear on the original application, and the date the nullity application was issued. Have your statement in support ready, because the court relies on this evidence to decide whether the grounds for annulment are established on the papers before a hearing is needed.
- Complete the form carefully. Work through each section, confirming the facts set out in your original nullity application are still accurate and that you are asking the court to proceed to a conditional order. Sign the statement of truth. Inaccuracies or missing information can delay the case, so read each question twice before answering.
- Submit the form to the court. File the completed Form D84NV with the court dealing with your nullity case. Court fees may apply at various stages of annulment proceedings, so check gov.uk for current amounts and for any fee remission you might qualify for based on income or benefits.
- Wait for the court's decision. A judge will consider your application on the papers. If satisfied, the court will list a date for pronouncement of the conditional order. After that date passes, and once a further waiting period has elapsed, you can apply for the final order that legally annuls the marriage or civil partnership.
Common questions
Q What is the difference between annulment and divorce?
Divorce ends a legally valid marriage or civil partnership. Annulment is a court declaration that the marriage or civil partnership was either never legally valid in the first place (void) or can be set aside because of a defect such as lack of consent (voidable). The legal grounds are very different, and annulment can be applied for at any point after the marriage, whereas divorce usually requires the marriage to have lasted at least a year.
Q Do I need to attend a hearing for a conditional order of nullity?
In many straightforward cases the judge decides the conditional order application on the papers without anyone needing to attend. If the court has questions about the evidence, or if the other party disputes the application, a hearing may be listed. The notice you receive from the court will tell you whether attendance is required and what the pronouncement date is.
Q How long does the annulment process take?
There is no fixed timeline and it depends on court workload, whether the other party responds promptly, and whether any issues need resolving. You also have to wait a set period between the conditional order and applying for the final order. In practice, a straightforward annulment can take several months from start to finish, with disputed cases taking considerably longer.
Q Can I apply for a final order straight after the conditional order?
No. There is a mandatory waiting period between the conditional order and the application for the final order. This gap gives either party a chance to raise any remaining issues, such as finances, before the marriage or civil partnership is formally ended. Applying too early will mean the court cannot progress your final order application.
Q What happens to finances and property in an annulment?
Although an annulment treats the marriage or civil partnership as void or voidable, the court still has power to make financial orders between the parties, similar to those available on divorce or dissolution. This can cover property, maintenance, pensions and lump sums. Financial matters are usually dealt with separately from the nullity application itself.
Q Can the other party object to the conditional order?
Yes. The respondent can file an answer to dispute the grounds relied on, or raise a cross application. If they do, the case becomes contested and the court will usually list a hearing where both sides can present their evidence. Contested nullity cases are more complex and take longer than undefended ones.
Q What if I change my mind after the conditional order?
Because the conditional order is not the final stage, the marriage or civil partnership still exists legally until the final order is made. If you decide not to proceed, you can choose not to apply for the final order. Be aware though that after a long delay the other party may be able to apply for the final order themselves in some circumstances.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm D84NV on gov.ukgov.uk
- LegislationMatrimonial Causes Act 1973legislation.gov.uk
- LegislationCivil Partnership Act 2004legislation.gov.uk
- Guidance · UK GovHow to apply for an annulmentgov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.