Conditional Order and Final Order

What a Conditional Order and Final Order Are

Since 6 April 2022 section 1 of the Matrimonial Causes Act 1973 has said that a divorce order "is, in the first instance, a conditional order" and "may not be made final before the end of the period of 6 weeks from the making of the conditional order". GOV.UK puts the first stage more plainly: a conditional order says "that the court does not see any reason why you cannot divorce".

GOV.UK says of the conditional order that "You will still be married after it has been granted." Your status, your will and anything else that depends on being married change only when the order is made final, the point at which GOV.UK says you are "divorced, no longer married and free to marry again".

The names changed with the no-fault divorce rules. A conditional order was the decree nisi and a final order the decree absolute, and those names, with different court forms, still apply to applications the court issued before 6 April 2022.

A civil partnership dissolution works the same way under section 37A of the Civil Partnership Act 2004, and an annulment also runs through a conditional order, though nullity has no 20 week wait. A judicial separation does not: the court makes one order, with no conditional stage and nothing to make final.

When You Can Apply at Each Stage

Two waiting periods control the timetable, and agreeing between yourselves does not shorten either.

• Conditional order: section 1(5) of the 1973 Act says a party may not confirm that they wish the application to continue "before the end of the period of 20 weeks from the start of proceedings", which GOV.UK counts from the date of issue.
• Final order: the statute sets 6 weeks from the conditional order, and the GOV.UK guide to finalising a divorce says to "wait at least 43 days (6 weeks and 1 day) after the date of the conditional order".

Rule 7.9 of the Family Procedure Rules 2010 adds a condition to the first stage: the 20 weeks must have passed and the time for filing the acknowledgment of service must have expired with nobody indicating an intention to dispute the divorce. The court then reviews the papers, which the GOV.UK guide to applying for a conditional order says may take several weeks.

The rules allow the application at both stages to be made by the applicant, by both of you jointly, or by one of you where a joint application continues alone. In that last case the conditional order application must be served on the other party (rule 7.9), and the final order notice needs 14 days' notice to them first and a certificate of service (rule 7.19).

If you are the respondent to a sole application and the other side has stopped, section 9(2) of the 1973 Act lets you apply once three months have passed from the earliest date they could have applied: GOV.UK puts it as an extra 3 months on top of the 43 days. Section 40 of the Civil Partnership Act 2004 does the same for dissolution. That route needs a formal application under rule 7.20, not a notice.

Evidence, Delay and Common Problems

The conditional order application is not a formality. Rule 7.9 requires a statement saying whether anything in the original application has changed, confirming that the rest is true and, where the other party signed the acknowledgment of service, confirming that signature, verified by a statement of truth. If the court is not satisfied that you are entitled to the order it can ask for more information or list a case management hearing.

Under rule 7.19, a notice received more than 12 months after the conditional order "must include or be accompanied by an explanation in writing stating why the application has not been made earlier". The court can require a statement of truth and then make whatever order it thinks fit.

A conditional order can be challenged before it becomes final. Section 9(1) lets any person who was not a party show cause why it should not be made final "by reason of material facts not having been brought before the court", and the court may make the order final, rescind it, require further inquiry or deal with the case as it thinks fit. Where the parties married according to the usages of the Jews, or other prescribed religious usages, and must co-operate to end the religious marriage, section 10A allows either party to ask the court to hold the final order back until both have declared that they have taken the steps required. If the other party has not engaged at all, see responding to a divorce application.

How the Two Stage Process Works

1. The court issues the application. The 20 weeks run from that date, not from the day you signed the form.
2. Once the 20 weeks and the time for the acknowledgment of service have passed, the conditional order application goes in, online or on form D84, with its statement of truth.
3. The court checks the papers and, if satisfied, certifies your entitlement and lists the application before a judge at the next available date.
4. The conditional order is made. You are still married, and the 6 weeks run from the date of that order.
5. The gap is used to finish the finances, which is why the financial order normally comes first.
6. At least 43 days after the conditional order, notice goes to the court on form D36, with 14 days' notice to the other party first if you are going ahead alone on a joint order.
7. The court makes the order final once satisfied that no appeal, rescission application or objection is outstanding. Rule 7.21 requires the court officer to endorse the precise time and send the final order to everyone involved.

Finances Before the Final Order

Ending the marriage and dividing the money are separate steps, and the order matters. GOV.UK states that if you want a legally binding arrangement for dividing money and property, "you must apply to the court for this before you apply for a final order". That is the safer sequence, not a cut off: section 24(1) lets the court make a property adjustment order before or after the divorce order is made final. That is usually a consent order where terms are agreed, or financial remedy proceedings where they are not.

Section 24(3) of the 1973 Act means a property adjustment order made on or after the divorce order cannot take effect until that order is final. Section 28(3) is harsher: once the marriage is dissolved, a party who remarries or forms a civil partnership cannot then apply for a financial provision order or a property adjustment order against the other. And section 18A of the Wills Act 1837 means a will takes effect as if the former spouse had died on the day the marriage ended, so gifts to them and their appointment as executor fall away unless the will says otherwise: a good reason to review your will.

Section 10 protects a respondent where the conditional order favours one party only, or both where one has withdrawn. You can ask the court to consider your financial position after the divorce, and it must then not make the order final unless satisfied that the applicant should not have to make any provision for you, or that the provision made is "reasonable and fair or the best that can be made in the circumstances". The exception is section 10(4): the court may make the order final without delay if the circumstances make that desirable and the applicant gives a satisfactory undertaking to make provision the court approves. The court weighs the age, health, conduct, earning capacity, resources and obligations of each of you, and what your position is likely to be after the applicant's death if they die first. That last limb is where pensions on divorce and any clean break order matter. Section 48 of the 2004 Act mirrors it for dissolution.

Court fees change: current amounts are on the GOV.UK court and tribunal fees page and our charges on our family law fees page.

When Legal Advice Is Especially Important

Advice matters most where a final order would change what you can claim or receive on a death. If your spouse is pressing ahead while the money is unresolved, the section 10 route and an application in the financial settlements part of the case both take time to prepare.

The same is true where the facts are awkward: a joint application one of you now wants to finish alone, a conditional order more than a year old, or a spouse who has disappeared. If either of you has a connection to another country, read our page on international divorce before you apply. If your permission to stay in the UK depends on the marriage, take immigration advice first and see our spouse visa page.

How RakLAW Solicitors Can Help

We run both stages as one plan: diarising the 20 week and 43 day points, preparing the conditional order application and its statement of truth, keeping the final order in step with the financial order. Where you are the one waiting, we advise on the three month route open to a respondent and on a section 10 application.

RakLAW Solicitors is a private practice at 42 Shad Thames, London SE1 2YD, in Southwark a short walk from Tower Bridge, founded by solicitor Rakesh Prajapati. We are privately funded and do not offer legal aid. We offer a free 15-minute consultation: call 0203 345 2000 or use our contact page, and see the rest of our divorce and separation advice for the earlier stages of the divorce process.