The divorce application process consists of multiple steps, ultimately leading to the issuance of a final order by the courts.
Final orders are pivotal in divorce proceedings as they legally signify the completion of a divorce.
Understanding the significance of final orders, the necessary steps to obtain one, and the associated timelines is crucial.
Our experienced solicitors can offer comprehensive guidance on applying for a final order, including the entire process of obtaining a divorce.
What is a final order in divorce?
A final order is a court order that officially terminates a marriage. Once a final order is issued by the courts, both you and your former partner will be formally divorced and able to remarry.
Previously, this stage of divorce was referred to as obtaining a ‘Decree Absolute’. The terminology was updated with the introduction of the Divorce, Dissolution and Separation Act 2020, which also introduced ‘no fault divorce’ in England and Wales.
How to apply for a Final Order in divorce
You can apply for a final order once the courts have confirmed that there are no legal obstacles to proceeding with the divorce, which is indicated by the issuance of a conditional order.
Following the issuance of the conditional order, there is a mandatory 6-week waiting period before you can apply for the final order.
To apply for the final order, you need to complete a standard application form (Form D36). Once the Final Order is granted and sealed by the court, both parties are officially divorced.
Who can apply for a final order in divorce?
The applicant, whether sole or joint, typically submits the application for the final order. As a sole applicant, you can proceed with the final order even if you initially started the divorce process jointly with your spouse.
If you are the respondent in the divorce and the applicant does not apply for the final order, you have the option to apply yourself. This can be done 3 months after the date when the applicant was initially eligible to make the application.
How long does a final order take in divorce?
From the date of the divorce application, it typically takes a minimum of 26 weeks (6 months) to reach the stage where you can apply for a final order. This timeframe includes a 20-week waiting period for the conditional order and an additional 6-week waiting period for the final order.
Once the application for a final order is submitted, the processing time can vary. It may take anywhere from 24 hours to a few weeks for the final order to be processed and issued by the court.
What happens after applying for a final order in divorce?
Following the submission of an application for a final order, the court will verify that the required time limits have been met and ensure there are no impediments to granting the divorce.
Once these checks are finalised, the court will send a copy of the final order to both parties or their solicitors. At this stage, the divorce is finalised, and you are legally free to remarry if you choose to do so.
How long after a final order are you divorced?
Once the final order is issued, you are officially divorced. There are no further legal steps in the divorce process.
Other arrangements related to finances and children are managed separately and are not part of the divorce proceedings.
What’s the difference between a decree absolute and a final order?
Apart from the change in terminology, the impact of a final order is equivalent to that of a decree absolute. Previously, decrees absolute were used to legally confirm a divorce until they were replaced by final orders under the Divorce, Dissolution and Separation Act 2020.
What else needs to be arranged after a final order is issued?
Even after a final order is issued, there may be additional arrangements that require attention.
Depending on when negotiations began, you might still need to finalise financial arrangements or determine arrangements for your children.
It’s advisable to formalise agreed-upon financial arrangements with a consent order before applying for the final order. Failing to do so could open up the possibility of future financial claims. To streamline the divorce process, our solicitors can collaborate with you to address these matters promptly and assist in reaching agreements efficiently.
Our solicitors are here to help
Our team is dedicated to guiding you through the process of applying for a final order with simplicity and minimal stress. We strive to eliminate unnecessary delays and ensure the best possible outcome for you and your loved ones.
