What Are Conditional and Final Orders in Divorce?
By Joseph Spiers
Find out what conditional and final orders mean, how they differ from the old decree nisi and decree absolute, and what to consider about your finances before finalising a divorce.
If you are going through a divorce, you may come across the terms conditional order and final order. These are the two main court orders involved in legally ending a marriage in England and Wales.
You might also have heard the older terms decree nisi and decree absolute. These were replaced by the new terminology on 6 April 2022, when changes to the divorce process came into effect.
Although the names have changed, the distinction between the two stages remains important. A conditional order confirms that the court sees no legal reason why the divorce cannot proceed, while a final order legally ends the marriage.
Understanding the difference can help you plan your next steps, particularly when it comes to your finances, property and pensions.
What is a conditional order?
A conditional order is the first major court order in the divorce process. It confirms that the court has reviewed the application and sees no legal reason why the marriage cannot be dissolved.
Before 6 April 2022, this document was known as a decree nisi.
Receiving a conditional order is an important milestone, but it does not mean you are divorced. You remain legally married until the court grants the final order.
How do you get a conditional order?
After submitting a divorce application, you must wait for the required period before moving to the next stage.
For divorce applications issued by the court on or after 6 April 2022, there is a minimum waiting period of 20 weeks from the date the application is issued before you can apply for a conditional order.
The waiting period is intended to give both parties time to consider the decision and make practical arrangements for the future.
Once the relevant period has passed, you can apply for the conditional order. The court will review the application and, if satisfied that the legal requirements have been met, grant the order.
The exact process can depend on the circumstances of your case, including whether you applied jointly or as a sole applicant.
What is a final order?
A final order is the court document that legally ends your marriage. Once it has been granted, you are no longer legally married and are free to marry again if you wish.
Before April 2022, a final order was called a decree absolute.
You cannot usually apply for a final order immediately after receiving your conditional order. You must wait at least six weeks and one day — 43 days — from the date the conditional order was granted.
The final order is an important legal document, so keep a copy somewhere safe. You may need it to prove your marital status, including if you decide to remarry.
Does the final order happen automatically?
No. The divorce is not automatically completed when the conditional order is granted or when the waiting period has passed. An application must be made for the final order.
If you do not apply to finalise the divorce within…