When going through a divorce in England or Wales, one of the key stages of the process is obtaining a Conditional Order.
This legal document signals that the court sees no reason why the divorce cannot proceed, confirming that the legal criteria for divorce have been met. However, while it is an important milestone, the Conditional Order does not officially end the marriage.
In this article, we will explore what a Conditional Order is, how to obtain one and its role in the overall divorce process.
What is a Conditional Order?
A Conditional Order is a court-issued document that confirms you are entitled to proceed with your divorce. It follows an application for divorce and is issued after the court has reviewed your case and determined that the marriage has irretrievably broken down. In essence, the Conditional Order is the court’s way of saying that it sees no legal reason to stop the divorce from moving forward.
This stage was previously known as the “Decree Nisi,” but with the introduction of no-fault divorce in April 2022, the terminology has been updated. While the name has changed, the function remains largely the same.
It’s important to note that while the Conditional Order is a significant step, it does not mean the divorce is finalised. To legally end the marriage, you will still need to apply for the Final Order, previously known as the Decree Absolute.
Role of the Conditional Order in the divorce process
The Conditional Order is an intermediate step in the divorce process, sitting between the initial application and the Final Order. After filing for divorce, there is a mandatory 20-week “reflection period,” during which couples have the chance to consider their decision and make arrangements, such as dividing assets and planning childcare.
Once this 20-week period has passed, the applicant(s) can apply for the Conditional Order. The court will review the application, and if everything is in order, it will set a date for the pronouncement of the Conditional Order. This is typically done during a brief court hearing, although neither party is usually required to attend unless they wish to challenge any aspect of the order.
The Conditional Order essentially confirms that the divorce is legally viable, but it does not dissolve the marriage. Once granted, both parties must wait a further six weeks before applying for the Final Order, which will officially end the marriage.
How to obtain a Conditional Order
Obtaining a Conditional Order is relatively straightforward, but it requires careful adherence to the legal process. After the 20-week reflection period has passed, either the applicant (or both parties in the case of a joint application) can apply for the Conditional Order. This application is usually made online through the HM Courts & Tribunals Service (HMCTS) portal, though it can also be done by post.
The court will review the application to ensure that all legal requirements for the divorce have been met. If the court is satisfied, it will issue a certificate of entitlement, confirming that the Conditional Order will be granted. The court will then set a date for the pronouncement of the Conditional Order, which is typically done in open court. Neither party usually needs to attend this hearing unless they wish to contest any part of the order.
Once the Conditional Order is granted, both parties will receive a copy, confirming that the divorce is moving forward. However, this does not mean that the marriage is legally over at this point.
Conditional vs final order
One common misconception is that the Conditional Order ends the marriage. In fact, it is only a step toward the final dissolution of the marriage. The marriage is not legally over until a Final Order is granted.
After the Conditional Order is issued, there is a statutory waiting period of six weeks and one day before the applicant can apply for the Final Order (formerly known as the Decree Absolute).
This waiting period acts as a cooling-off phase, giving both parties one last opportunity to reconsider their decision. In rare cases, this period can be shortened, such as when there are urgent health reasons or other exceptional circumstances.
Important considerations
A key consideration during the Conditional Order stage is financial arrangements. While the Conditional Order confirms the legal grounds for divorce, financial settlements are typically negotiated during this period. A financial settlement can be formalised through a Consent Order, which can only be submitted after the Conditional Order has been granted. Without such an agreement, unresolved financial issues could lead to complications in the divorce process.
Additionally, if the applicant fails to apply for the Final Order within 12 months of receiving the Conditional Order, they must explain the delay to the court.
Legal advice from experienced family law solicitors
Navigating the divorce process, especially when dealing with key steps like obtaining a Conditional Order, can be complex. From advising on legal requirements to helping you with financial settlements, our experienced divorce and family law solicitors are here to guide you through each stage.
It’s important to note that this blog post is for informational purposes only. If you’d like to discuss your specific circumstances, Osbourne Pinner Solicitors offer a free 30-minute consultation, with no obligation to proceed further. Simply fill in our online form our online form, call 0203 983 5080 or use email at [email protected].
