Conditional Order vs Final Order: Understanding Divorce Orders
Since the law changed to introduce a no-fault divorce process in April 2022, the orders previously known as Decree Nisi and Decree Absolute are now referred to as the conditional order and final order.
Prior to April 2022, you could apply for the Decree Nisi when your spouse acknowledged receipt of your divorce petition, which they were given 14 days to do. Likewise, you can only apply for the conditional order once your spouse has acknowledged service of your application, but there is now a mandatory 20-week ‘cooling off’ period after the application is made, which allows spouses to reflect on their decision to divorce and potentially consider reconciliation. Where this is not a possibility, many couples choose to use this time to negotiate and agree a financial settlement so they can submit a consent order to Court for approval once the conditional order is granted.
The difference between the Decree Nisi and Decree Absolute, and between the conditional order and final order, is that the Decree Nisi and conditional order are orders made when the Court is satisfied that your application is correct and you have met the criteria to be divorced. The Decree Absolute and final order are the orders which formally dissolve your marriage. Simply put, the first order establishes that there is no reason why a couple should not be divorced, and the second order grants the divorce and ends the marriage.
Before the introduction of the new system, there were five ways you could establish in your divorce petition that your marriage had come to an end, whereas now there is only one ground for divorce: that your marriage has irretrievably broken down (for whatever reason). One of the criteria for the Decree Nisi to be granted was that one of these five facts was relied upon in the divorce petition. There is no such criterion for the conditional order to be granted because there is now only one ground for divorce.
The divorce process – while it is now a no-fault process (and a slightly longer one owing to the 20-week waiting period) – has not changed in that an applicant in a divorce application must wait 6 weeks and one day from the date of the conditional order to apply for the final order and bring the marriage to an end. Where a divorce application has joint applicants, they must both apply for the final order.
If there is more than 12 months between your conditional order being granted and your final order being applied for, you must still provide a statement to the Court explaining the reason for the delay. It is worth noting that the making of a Decree Absolute or a final order does not sever financial ties between spouses, and it is important to take advice on the legal implications of divorce and ending your financial claims against each other.
The Whitehead Monckton Family team recognises that, while understanding the process is essential, divorce involves far more than negotiating the mechanics of the system. From disentangling and negotiating your finances, to agreeing arrangements for children, divorce is often complex and emotionally charged. Our approachable, empathetic Family lawyers are by your side at every step; dedicated to helping you make a difficult time less stressful.
