Apply for a nisi – joint application

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1. Before you start

Before you can use MyHMCTS, you and your organization need to complete other steps.

1. Register your organization with MyHMCTS.

2. Configure your MyHMCTS user account.

Read the MyHMCTS registration instructions for more information and instructions. If your organization already has an account, contact the existing administrator to create your account.

Once you have a MyHMCTS account, you can log in to manage a file using your email address and password.

Be sure to use the lawyer’s portal and not the citizen’s portal. In MyHMCTS, you can:

If you need help

If you need further help with MyHMCTS, email [email protected] We aim to respond within 5 working days.

If you cannot find your organization when entering your details, or if you have problems signing up for the service, contact [email protected] for the team to review your account and ensure that your organization has been correctly configured.

2. When can you apply for a conditional order

A nisi is a document stating that the court sees no reason why a plaintiff cannot divorce.

You can apply for a nisi from 20 weeks after submitting the application for divorce and either when:

  • you have received an acknowledgment of receipt (AoS) or certificate of service
  • your bailiff or alternative service, or deemed or exempt from service, the request was successful

Both parties must apply jointly for a nisi. Either party can start the application and then invite the other applicant to complete it. If the other party has not completed their part of the application after 14 days, the first applicant can choose to move to a single application.

After 20 weeks, you will receive a notification prompting you to request a conditional order. The link to the case will be in the email.

This guide explains the steps co-applicants must follow to write and submit a conditional order.

3. Find the case

You can either follow the link in the email to go directly to the case, or log in to find a case.

1. Log in and select “Browse for Folder”. Select the following filters:

  • Jurisdiction – Family Divorce
  • Case Type – New Law Case
  • CCD reference – use the 16 digit reference number for your case – this can be with or without dashes, but there cannot be spaces at the end of the number

2. Select ‘Apply’ to find the list of cases. If you entered the full CCD reference, only that case will be listed.

3. Alternatively, from the case list, select the following filters:

  • Jurisdiction – Family Divorce
  • Case Type – New Law Case
  • Status – Pending Entry Order

4. Select “Apply” to show you all cases within your organization that are assigned to you as an attorney and awaiting a nisi.

4. Petitioner 1 – Write the conditional order

1. Select the link of the case you want to open.

2. The History tab will indicate that the case is “Waiting for a conditional order”.

3. Select “Conditional Order Draft” from the drop-down list in the next step, then select “OK”.

4. Select “Yes” to the question about pursuing a divorce and requesting an order nisi. Then select ‘Continue’. Go to step 6.

5. If you select “No”, you will not be able to continue the application. You will be presented with a screen telling you how to withdraw your application or how to switch to a single application before the 14 day period ends.

6. On the next screen, you can follow a link to view the divorce application. If you select this link, it will open the answers on a new tab.

7. Select if the application information is still correct. If so, select ‘Yes’.

If you select “No”, a text box will appear where you can add details of any information that needs updating. When this is reviewed by legal counsel, they will decide if this can be changed by court staff or if you need to submit an amended claim, which would incur a fee.

8. Select ‘Continue’.

9. You will be shown a summary and asked to check your answers. If you need to make changes, select the corresponding “Edit” link. If you are satisfied with the information, select “Save conditional order”.

10. You will see “Conditional order draft” in the events of the History tab. You will also see a green box at the top of the screen that indicates that the case “has been updated with event: entry order draft”.

11. You will see a “Conditional Order” tab with the answers written.

5. Requestor 1 – Submit Conditional Order

1. Select “Submit conditional order” from the drop-down menu in the next step. Then select ‘Go’.

2. On the first “Submit Conditional Order” screen, select “Yes” to say that the applicant believes the facts set out in the conditional order request are true.

3. Enter your name and company name.

4. Add any additional comments you may need.

5. Then select ‘Continue’.

6. On the next screen, select “Save conditional order”. This will fully submit the provisional order and send it to legal counsel.

7. You will see “Submit conditional order” in the events of the History tab. You’ll also see a green box at the top of the screen that says the case “has been updated with event: Submit Conditional Order”. The final status will show “Waiting for joint conditional order”.

You will receive a notification that the other party must request the conditional order. Claimant 2’s attorney will have 14 days to complete the claim. After 14 days, you can choose to switch to a single application on MyHMCTS.

6. Claimant 2 – Write nisi

Once Plaintiff 1’s attorney completes the application, you will receive a notification that you must now complete it for Plaintiff 2. You will have 14 days to complete it before Plaintiff 1 can move to a single application.

1. Log in and open the folder. In the ‘History’ tab, you will see that the case is ‘Awaiting conditional order’.

2. Select the “Provisional Order” tab to view the responses provided by Plaintiff 1’s attorney.

3. Select “Conditional Order Draft” from the drop-down menu in the next step. Then select ‘Go’.

4. Select “Yes” to the question about pursuing a divorce and requesting an order nisi. Then select ‘Continue’. Go to step 6.

5. If you select “No”, you will not be able to continue the application. You will be presented with a screen telling you how to withdraw your application or how to switch to a single application before the 14 day period ends.

6. On the next screen, you can follow a link to view the divorce application. If you select this link, the answers will open in a new tab.

7. Select if the application information is still correct. If so, select ‘Yes’.

If you select “No”, a text box will appear where you can add details of any information that needs updating. When this is reviewed by legal counsel, they will decide if this can be changed by court staff or if you need to submit an amended claim, which would incur a fee.

8. Select ‘Continue’.

9. You will be shown a summary and asked to check your answers. If you need to make changes, select the corresponding “Edit” link. If you are satisfied with the information, select “Save conditional order”.

10. You will see “Conditional order draft” in the events of the History tab. You will also see a green box at the top of the screen that indicates that the case “has been updated with event: entry order draft”.

11. The “Conditional Order” tab will now contain both sets of responses.

seven. Requester 2 – Submit Conditional Order

1. Select “Submit conditional order” from the drop-down menu in the next step. Then select ‘Go’.

2. On the first “Submit Conditional Order” screen, select “Yes” to say that the applicant believes the facts set out in the conditional order request are true.

3. Enter your name and company name.

4. Add any additional comments you may need.

5. Then select ‘Continue’.

6. On the next screen, select “Save conditional order”. This will fully submit the provisional order and send it to legal counsel.

7. You will see “Submit conditional order” in the events of the History tab. You’ll also see a green box at the top of the screen that says the case “has been updated with event: Submit Conditional Order”. The final status will say “Pending recommendation from legal counsel”.

8. After both requesters submit the order

1. The conditional order tab now contains both sets of answers and both truth statements.

2. You can see that the Order Conditional Responses document has been created in the “Documents” tab. It can be downloaded by both parties if needed.

The provisional order will now be in the queue for legal counsel to review.

If legal counsel grants the provisional order, you will receive an email. The Eligibility Order along with the date and time of the Provisional Order Hearing will be available on the Common Platform.

You are not required to attend the provisional order hearing. You will receive another email when the conditional order has been granted. You can download this document in Common Platform.

You can find both documents in the ‘Result of conditional order’ tab and the ‘Documents’ tab.

9. Get help with MyHMCTS

Help managing a case or organization in MyHMCTS

The MyHMCTS service is supported by the MyHMCTS support team. They’ll help you if you’re having trouble or errors with things like logging in or assigning cases. Email them at [email protected]

Help with case details

Contact the Stoke Court and Tribunal Service Centre:

Business hours for calls and webchat are Monday through Friday, 8 a.m. to 6 p.m.

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