What is the conditional order?
The conditional order, previously called the decree nisi, is a court order confirming that the court is satisfied your marriage has broken down irretrievably and that you are legally entitled to a divorce. It is granted at the midpoint of the divorce process, after you have applied but before the marriage is formally dissolved.
Crucially, receiving a conditional order does not mean you are divorced. You are still legally married after the conditional order is granted. Your marriage only ends when the final order (previously called the decree absolute) is made.
The divorce timeline: where the conditional order fits
Divorce application submitted
One or both parties apply online at gov.uk. The court issues the application and serves it on the respondent (in sole applications) or confirms receipt (in joint applications).
Apply for the conditional order
After a mandatory 20-week reflection period from the date the application was issued, the applicant (or both parties jointly) applies to the court for the conditional order. No hearing is required, it is a paper process.
Conditional order granted
A judge considers the application on the papers and, if satisfied, makes the conditional order. You receive a certificate of entitlement confirming the date it was granted.
Apply for the final order
The minimum wait between the conditional order and applying for the final order is six weeks and one day. Most people wait longer to ensure financial matters are resolved first.
Final order granted, divorce complete
The marriage is legally dissolved. You are now officially divorced and free to remarry.
The conditional order is a paper-based process, no court hearing is required in most cases.
How do you apply for the conditional order?
Once the 20-week period has passed, you apply online through the same HMCTS divorce portal used to submit the original application. The steps are:
- Log into your divorce case on the HMCTS portal at gov.uk/apply-for-divorce
- Confirm your intention to proceed with the divorce
- In a joint application, both parties must confirm separately
- Pay the conditional order application fee (currently included in the original divorce fee, no additional charge)
- A judge reviews the application on the papers and makes the order, you receive confirmation by post or email
What if only one party wants to proceed?
In a joint application, if one party does not confirm their intention to proceed within the required timeframe, the other party can apply for the conditional order as a sole applicant. The court will then treat the application as a sole application going forward.
In a sole application, only the applicant applies for the conditional order, the respondent's cooperation is not required at this stage.
Should you delay the final order?
Yes, in most cases, and this is important. Many people do not realise that certain financial rights and entitlements only exist while you are still married. Applying for the final order before financial matters are settled can have serious consequences:
- Pension death-in-service benefits may cease to be payable to a former spouse once the final order is made
- Inheritance rights under intestacy law end on divorce
- Some financial claims become more difficult to pursue after the final order
- If one party dies between the conditional and final order while still married, the surviving spouse may have inheritance rights that would be lost post-divorce
Not sure where you are in the process?
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