What does the final order do?
The final order, previously called the decree absolute, formally dissolves your marriage. From the moment it is granted, you are no longer married in law. Either party is free to remarry, your marital status changes to divorced, and any rights or entitlements that depended on being married cease to exist.
It is the last step in the two-stage divorce process introduced by the Divorce, Dissolution and Separation Act 2020. The first stage is the conditional order; the final order completes the process.
When can you apply for the final order?
You can apply for the final order no sooner than six weeks and one day after the conditional order was granted. There is no upper time limit on applying, but there are consequences if you leave it too long.
| Scenario | Who applies | When |
|---|---|---|
| Standard application | Applicant (sole) or both parties (joint) | From 6 weeks and 1 day after conditional order |
| Delayed application, applicant slow to act | Respondent can apply | After 3 months from the earliest date the applicant could have applied |
| Conditional order more than 12 months old | Either party | Must file a statement explaining the delay before applying |
The final order is a straightforward application once you are ready, but timing it correctly matters.
How do you apply for the final order?
- Log into your divorce case at the HMCTS portal at gov.uk/apply-for-divorce
- Select the option to apply for the final order
- In a joint application, both parties confirm separately
- No additional court fee is payable at this stage
- The court processes the application, usually within a few days, and sends the final order by post or email
Why you should not rush the final order
Many people apply for the final order as soon as they are eligible. In some cases this is fine, particularly where there are no significant shared assets. But in many cases, rushing the final order is a mistake that can be costly and difficult to reverse.
Pension death-in-service benefits
Many workplace pension schemes pay a lump sum to a spouse on death. Once the final order is granted and you are no longer married, your ex-spouse loses this entitlement automatically. If either party has a significant employer pension, check the scheme rules before applying for the final order.
Intestacy and inheritance
If one party dies without a will after the final order is granted, the former spouse has no automatic inheritance rights under the intestacy rules. Between the conditional and final order, married status is still preserved. This can matter significantly in cases involving serious illness.
Financial claims
Some financial claims, particularly certain pension-related claims and claims made under the Inheritance (Provision for Family and Dependants) Act 1975, are affected by whether the parties are still technically married. Take advice before applying for the final order if your financial settlement is not yet finalised and sealed by the court.
What if the conditional order is more than 12 months old?
If more than 12 months have passed since the conditional order was granted and you have not yet applied for the final order, the court requires an explanation. You must file a written statement setting out the reasons for the delay. The court will then consider whether to grant the final order. Common reasons include protracted financial negotiations, illness, or administrative oversight.
Not sure where you are in the process?
The DivorceCompanion stage tracker shows exactly where you are in the divorce process and what you need to do next, including when it is safe to apply for the final order.
- ✓ Stage tracker: your current position mapped out clearly
- ✓ Route checker: amicable or contested process?
- ✓ Plain-English guidance at every step