Reaching the Conditional Order stage in a divorce can feel like a major milestone. For many people, it brings relief that the process is moving forward. However, it can also raise new questions about what happens next and whether the marriage has legally ended.
A Conditional Order confirms that the court sees no reason why the divorce can’t proceed, but it doesn’t finalise the divorce. Understanding what this stage means and what steps usually follow can help you make informed decisions and avoid costly mistakes.
In this article, we explain what a Conditional Order is, what changes after it’s granted and what you can expect before the divorce is final. We also explain how to arrange a free 30-minute consultation with a divorce solicitor to discuss your next steps.
What is a Conditional Order?
A Conditional Order is a formal stage in the divorce process in England and Wales. It was previously known as the Decree Nisi under the old divorce system.
At this point, the court has reviewed the application and confirmed that the legal requirements for divorce have been met. This means the court accepts that the marriage has irretrievably broken down and that there is no legal reason to prevent the divorce from continuing.
Despite this, the marriage isn’t yet legally over. You remain married until the Final Order is granted and certain legal restrictions still apply.
What changes after a Conditional Order?
After a Conditional Order is issued, the divorce process moves closer to completion, but your legal status doesn’t change immediately. You’re still legally married and can’t remarry at this stage.
The Conditional Order allows both parties to take steps towards resolving outstanding issues, particularly financial matters. It’s often the stage at which financial settlements are finalised and prepared for court approval.
It’s important not to assume that everything is settled simply because a Conditional Order has been granted. Major decisions, such as selling property or making changes to pensions, should usually wait until finances are properly resolved and the divorce is finalised.
The waiting period before the Final Order
There is a mandatory waiting period between the Conditional Order and applying for the Final Order. This waiting period is designed to give both parties time to reflect and to ensure that financial arrangements are properly considered.
In most cases, you must wait at least six weeks and one day after the Conditional Order before applying for the Final Order. During this time, it’s sensible to focus on resolving finances and ensuring any agreements are legally documented.
Applying for the Final Order too quickly, particularly before financial matters are settled, can create financial risks. For this reason, legal advice at this stage can be especially valuable.
Financial matters after a Conditional Order
One of the most important points to understand is that a Conditional Order doesn’t resolve financial matters. Even after it’s granted, financial claims between spouses remain open unless a financial order is made.
This means issues such as the family home, savings, pensions and maintenance still need to be agreed or decided by the court. Many people use the period after the Conditional Order to finalise negotiations and prepare a consent order for approval.
Applying for the Final Order before finances are settled can be risky. In some cases, it may affect pension rights, inheritance claims or access to certain benefits. This is why it’s often advised to delay the Final Order until a financial settlement is in place.
Children and arrangements at this stage
Arrangements for children are treated separately from the divorce process. A Conditional Order doesn’t change parental responsibility or existing child arrangements.
Decisions about where children live, how much time they spend with each parent and how they’re financially supported are based on their welfare, not the stage of the divorce. Courts encourage parents to reach agreements where possible, but formal child arrangements orders can be made if needed.
For parents, this stage can be a good opportunity to review whether existing arrangements are working and to seek advice if changes may be required.
When should you apply for the Final Order?
The period after a Conditional Order is a critical stage in the divorce process. Mistakes made at this point can have long lasting financial consequences.
The timing of the Final Order depends on individual circumstances. While it can usually be applied for after the minimum waiting period, many people choose to wait until finances are resolved.
Applying at the right time can help protect your financial position and provide clarity about your future. A divorce solicitor can advise you on whether it’s appropriate to proceed or whether it’s better to wait.
Once the Final Order is granted, the marriage is legally ended. At that point, either party is free to remarry and the divorce process is complete.
Speak to a divorce solicitor about your next steps
If you’ve reached the Conditional Order stage and are unsure what to do next, professional advice can help you move forward with confidence. The right next step depends on your financial position, family circumstances and long-term goals.
A divorce solicitor can help you understand what steps to take next, ensure your finances are protected and guide you through applying for the Final Order at the right time. Early advice can help prevent disputes and avoid unnecessary risk.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
