What is a conditional order?
What is a conditional order?
A conditional order is a formal legal document confirming that the court sees no reason to prevent you and your spouse from legally ending your marriage. Previously known as the “decree nisi,” it marks the midpoint of the divorce process in England and Wales.
When can I apply for a conditional order?
You can apply for a conditional order 20 weeks after the court issues your divorce application. This waiting period—often called a ‘cooling-off’ period—offers both parties time to address key matters such as finances and child arrangements.
What happens once my application for a conditional order is granted?
If your application is successful, the court will issue a certificate of entitlement, which confirms that you meet the legal requirements for divorce and specifies the date on which your conditional order will be pronounced. Any challenges to the validity of your marriage must be raised before that date.
Do I need to attend court when the conditional order is pronounced?
Attendance is optional unless one spouse wishes to object. If there are no objections, the conditional order is pronounced on the specified date. At this point, you and your spouse are still legally married. There is then a six-week period before you can apply for a final order.
What happens after I receive my conditional order?
During the six-week period following the conditional order, you can submit a consent order to the court, outlining how your finances will be divided once the marriage legally ends. After this cooling-off period, you can apply for the final order, which legally dissolves your marriage. Once granted, you are no longer married.
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Your Questions, Answered
FAQs
FAQs About the Conditional Order in Divorce
Can I apply for a conditional order before the 20-week period ends?
Generally, no. You would only be allowed to expedite the process in very specific circumstances—such as a life-limiting medical condition—where the court may consider granting an exception.
How long does it typically take to obtain a conditional order after applying?
This stage usually takes around five to seven weeks.
How long is the gap between the conditional order and the final order?
You must wait at least six weeks—the statutory cooling-off period—between receiving the conditional order and applying for the final order.
Is a conditional order the same as the decree nisi?
Yes. The conditional order replaced the decree nisi with the introduction of no-fault divorce in April 2022, but they serve the same function.
What does a conditional order signify?
A conditional order confirms that the court sees no legal reason you and your partner cannot end your marriage or civil partnership. It marks the first formal step in the divorce or dissolution process.
Are there any extra fees for a conditional order?
No. There is no separate fee for applying for a conditional order once you have paid the initial divorce application fee.
Can a conditional order be granted any sooner?
In extremely rare circumstances—such as serious health issues or impending childbirth—the court may shorten the mandatory waiting periods. However, such exceptions are uncommon.
Can both spouses apply jointly for a conditional order?
Yes. With the introduction of no-fault divorce in 2022, couples can submit a joint divorce application, enabling them to proceed cooperatively rather than in an adversarial manner.
How long after receiving the conditional order can we finalise the divorce?
You must wait a minimum of six weeks after the conditional order is granted before applying for the final order, which officially ends the marriage or civil partnership.
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