The conditional order is the first formal stage at which the court confirms that you are entitled to a divorce. Understanding what it means and when it arrives helps you plan the rest of your proceedings.
A conditional order, previously called a decree nisi, is a court order confirming that the court is satisfied there is no reason why the divorce cannot proceed. It does not end the marriage. You are still legally married after a conditional order is granted. It is an interim step on the way to the final order.
Under the no-fault divorce process, you can apply for a conditional order after the mandatory 20-week reflection period has passed from the date the application was issued. The court reviews the application and, if satisfied, grants the conditional order without a hearing in most cases.
Once the conditional order has been granted, you must wait a further six weeks and one day before applying for the final order, which is the order that actually ends the marriage. There is no strict deadline for applying for the final order after that point, but it is generally advisable not to delay.
Many family lawyers advise clients to resolve the financial settlement before applying for the final order. Once the final order is granted and the marriage is dissolved, certain rights and protections that exist between married couples change. If you die before a financial order is made, your spouse may still have rights to your estate. Resolving finances before or at the same time as the final order protects both parties.
Yes, in one specific area. After a conditional order is granted, the court has the power to make a financial consent order. This means that if you and your spouse have reached agreement on the finances, you can submit the consent order for approval at this stage and have it sealed alongside or shortly after the final order.
A conditional order is the court's interim confirmation that the divorce can proceed. It does not end the marriage. You apply for it after the 20-week reflection period, then wait a further six weeks before applying for the final order. Most practitioners advise resolving the financial settlement before or around the time the final order is granted.
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