A Conditional Order is a court document in England and Wales that gives formal permission to divorce. Once a Conditional Order has been granted, it is then possible to apply for a Final Order, which formally ends the marriage or civil partnership. As such, even once a Conditional Order has been granted by the court, it is still possible for a person to change their mind about the divorce.
Conditional Orders were introduced following the introduction of the new no-fault divorce law (Divorce, Dissolution and Separation Act 2020) in April 2022.
Is Conditional Order the same as Decree Nisi?
A Decree Nisi is also a court order providing permission to divorce. As such, a Conditional Order and Decree Nisi serve the same legal purpose. Applicants must apply for a Decree Nisi if their divorce application was made before 6th April 2022. Alternatively, applicants must apply for a Conditional Order if a divorce application was made after 6th April 2022.
How to apply for a Conditional Order
To apply for a divorce Conditional Order, you must complete the following steps:
- Apply for a divorce
- Apply for a Conditional Order
- Apply for a Final Order
Step 1 – Apply for a divorce
Before proceeding with the process of divorce or dissolution, it is important to ensure you are able to legally separate. According to the law in England and Wales, you can legally divorce if you have been married for 1 year or more, the relationship has now permanently broken down, and your marriage is legally recognised in the UK.
You can apply for a divorce on your own or jointly with your husband or wife. In most cases, joint applications are made where both parties agree, and there is no risk of domestic abuse. Otherwise, it may be necessary to make a sole divorce application. Divorce applications can be made online on the UK government website. You will need to provide the full names and addresses of both parties, your marriage certificate, and an application fee of £593.
If you make a sole application, the court will send your husband or wife the divorce application and an “acknowledgement of service” letter. They will then have 14 days to agree with the divorce or state their intention to dispute the divorce.
If there is an agreement to divorce, the court will then send a notice that your application to divorce has been issued.
Step 2 – Apply for a Conditional Order
The process of applying for a Conditional Order can only be completed 20 weeks or more from the date that the court issued the divorce application. This can be completed online or by post. Once the Conditional Order application is received, the court will review the case. If approved, a Conditional Order certificate will be issued.
It is important to understand that at this stage, you will still be married to your husband or wife.
Step 3 – Apply for a Final Order
Once you have your Conditional Order, you will then need to wait another 43 days or more before you can apply for a Final Order to the court. If the court agrees that you and your ex-partner meet the criteria for divorce, they will send you both a copy of the Final Order.
If the Final Order has been granted, you are divorced and no longer married.
How long does a Conditional Order in divorce take?
You can apply for a Conditional Order formally seeking the court’s permission to divorce 20 weeks after your application is issued by the court.
Overall, from the initial application for divorce to receiving a final notice normally takes around 7 months. This will depend on whether you and your ex-partner agree and how quickly you complete each step in the process.
Remember, it is possible to stop the process of divorce after the Conditional Order has been issued and before the final order.
It may be possible to reduce the 20-week period between the issuing of the application and the Conditional Order, but only in exceptional circumstances. The purpose of the 20-week time frame is to allow both parties to reflect on their decision and allow them to change their mind. Exceptional circumstances that may give rise to the 20 weeks being shortened may include a serious or terminal illness. If you are in any doubt, speak to a family law solicitor who can advise you based on your unique circumstances.
