Once you send the final order application to the court, it is usually processed and pronounced on the same day. However, it generally takes about two to three weeks to receive the legal document officially ending your marriage. You are only considered legally divorced once the final order is pronounced. If more than a year has passed since the conditional order was granted, the application process may be more involved.

In most cases, either spouse can apply for the final order once the conditional order has been issued. Under the current divorce laws, couples can now apply jointly for divorce, and if one spouse started the application alone, the other can apply for the final order after a specified waiting period. If the applicant does not apply for the final order, the respondent can do so three months after the applicant first became eligible to apply.

There are several reasons why the applicant may not rush to apply for the final order:

• Ongoing financial negotiations: If financial arrangements are not finalised, the applicant may prefer to wait until these are resolved.
• Religious requirements: Some couples may need to obtain a religious divorce before concluding their civil divorce. In certain cases, the court can delay the final order until both parties confirm they have taken the required steps for the religious divorce.
• Unexpected death of a spouse: If a spouse dies before the divorce is finalised, certain benefits may still be available if the final order has not yet been granted.

After the conditional order is pronounced, you must wait at least 43 days (six weeks and one day) before applying for the final order. To apply, complete a D36 form with your case details and submit it to the court. Once approved, the court will issue the final order, officially ending your marriage.

Usually, there is no additional fee for applying for the final order itself if you have already paid the initial divorce application fee. As of 2024, the filing fee for divorce in England and Wales is £593, covering the entire process from the initial application to the final order. Additional legal fees may apply if there are disputes or complex financial or child-related matters. If you are on a low income or receive certain benefits, you may qualify for help with court fees.

To obtain a replacement final order, contact the court that issued the original. The cost is £10 if you can provide your case number or £45 if you cannot. You can request a copy by email or post, including your details and method of payment. If you do not know which court issued it, you’ll need to complete form D440 and pay £65.

If you married in the UK but divorced overseas after living abroad for a year or more, you will receive the equivalent of a final order from that country. It is advisable to inform the family courts of England and Wales about your overseas divorce for record purposes.

A photocopy of the final order is not acceptable as proof of your ability to remarry. You must produce an original sealed copy of the final order. While it’s possible to remarry before settling financial matters, doing so can affect your entitlement to future financial settlements—a situation known as the ‘remarriage trap’. Seek legal advice before considering remarriage.

The final order may affect any will made before the divorce, as such wills often include provisions for a spouse. Once divorced, it’s important to update your will to reflect your current wishes. The final order has wider implications than simply ending your marriage, so seek independent legal advice to fully understand the consequences.

It is wise to seek guidance from a qualified divorce solicitor. They can provide personalised advice on how to proceed, ensuring you fully understand your rights, responsibilities, and the implications of the final order in your specific circumstances.