What’s The Difference Between a Conditional Order of Divorce and The Final Order of Divorce?

The Conditional Order of Divorce and the Final Order of Divorce are two seperate stages of divorce.

If you are getting divorced in England and Wales, you will soon become familiar with two court orders – the conditional order of divorce and the final order of divorce. Both court orders mark separate stages of the divorce process. However, many people are not sure what they represent. This article explains what each order means and how you move from one to the other.

Divorce Happens in Stages

Divorce in England and Wales is not a single legal event. It is a process made up of several stages.

The court first looks at whether the legal requirements for divorce are met. Only later does it formally bring the marriage to an end. Alongside this, there is usually a separate process dealing with finances.

The conditional order of divorce and the final order of divorce form part of this structure. One confirms that the divorce can proceed, and the other legally ends the marriage. Below, we explain this in more detail.

What Is a Conditional Order of Divorce?

A conditional order of divorce is the court’s confirmation that there is no legal reason why the divorce should not go ahead.

At this stage, the court has reviewed the application and is satisfied that the marriage has irretrievably broken down and that the correct procedure has been followed.

The conditional order does not end the marriage, which means you are still legally married once it is granted. You cannot remarry, and you are still treated as spouses in law.

Before April 2022, this stage was known as a decree nisi. The name has changed, but the legal effect is broadly the same.

What Does the Conditional Order Allow You to Do?

Although the marriage continues after the conditional order, it is still your first step towards divorce.

Once the conditional order has been made, the court can approve financial orders, including consent orders (a court-approved agreement that makes financial arrangements legally binding) that deal with property, savings, pensions, and spousal maintenance. For many couples, this is when their financial agreement is finalised.

However, certain legal rights remain in place until the final order is made. This includes some inheritance rights and spousal status for legal purposes. That is why the timing of the next step is important.

How Long Does It Usually Take to Get a Conditional Order?

Under the current divorce rules in England and Wales, there is a 20-week waiting period from the date the divorce application is issued by the court before you can apply for a conditional order of divorce. This is sometimes described as a period of reflection, but in practice, it simply means the court will not allow the case to move forward before that point.

Once the 20 weeks have passed, you can apply for the next step, which is a conditional order. If the paperwork is correct and there are no issues with service or disputes about the application, the court will usually grant the conditional order without a hearing.

In straightforward cases, the conditional order is often granted within a few weeks of the application being made. But it can take longer depending on court workloads and whether there have been any delays earlier in the process.

If there are complications, such as difficulty serving the application, disputes about jurisdiction, or errors in the paperwork, it can take longer. In most cases, people can expect to reach the conditional order stage a little over five to six months after the divorce application is first issued.

Note: You must be married for at least one year before you can apply for a divorce.

What Is the Final Order of Divorce?

The final order of divorce is the document that legally ends the marriage. Once the final order is granted, you are no longer married. You are free to remarry, and your legal status changes immediately.

This stage used to be called the decree absolute. Again, the terminology has changed, but the legal effect has not. The final order is what actually completes the divorce.

After the conditional order of divorce has been granted, there is a minimum waiting period before you can apply for the final order. In most cases, you must wait at least six weeks and one day from the date of the conditional order.

After that, an application for the final order can be made. This is usually done online and does not normally require a court hearing.

If the person who applied for the divorce does not apply for the final order, the other spouse can apply after a further three-month waiting period.

What Changes When the Final Order Is Made?

The most obvious change is that the marriage ends. But there are other legal consequences that are just as important.

Once the final order is granted, spouses usually lose automatic inheritance rights on each other’s estates unless a will says otherwise. Certain pension and financial protections can also be affected.

This is why solicitors often advise clients not to apply for the final order until financial matters have been properly resolved or at least formally agreed, even though the court will usually grant the final order if an application is made.

Why You Might Not Want to Apply for The Final Order Straight Away

Although it is possible to apply for the final order relatively soon after the conditional order, doing so is not always sensible.

If finances have not been resolved and one spouse dies after the final order is granted, the other may lose important financial protections. This can create serious problems, particularly where no financial order has been made.

For this reason, many people wait until a financial consent order has been approved by the court before applying for the final order of divorce.

What About Finances?

Divorce and finances are legally separate, even though they are closely linked in practice.

You can be divorced without your finances being resolved, and financial orders can be made before or after the final order. What matters is that the steps are taken in the right order for your situation.

The conditional order is often the point at which financial agreements are approved. The final order is often delayed until those agreements are safely in place. You can get a final order without a financial agreement, but this is usually inadvisable.

Speak to Tyrer Roxburgh

If you are about to begin the divorce process, but you’re not sure where to start, you do not need to work it out alone. At Tyrer Roxburgh, we provide clear, practical advice to help clients navigate divorce under the law of England and Wales. If you would like to discuss your situation, contact us today to speak to a member of our family law team.