Once you receive your final divorce order, formerly known as the decree absolute, it signifies a significant milestone: your marriage is officially and legally terminated. The final order is the official document that legally dissolves the marriage.
However, there are additional important details to understand about divorce final orders.
How does the divorce process work in England and Wales?
The divorce procedure in England and Wales includes numerous critical stages, which are explained as follows:
- Filing the Application: One partner or both partners jointly file an application under the no-fault divorce legislation.
- Conditional Order (Decree Nisi): After 20 weeks from the application date, the applicant can apply for a conditional order, previously known as a decree nisi. At this stage, the other partner has the opportunity to defend the divorce, although contesting a divorce is no longer an option. Once any outstanding issues are resolved, the conditional order can be granted.
- Final Order: Following the issuance of the conditional order, there is a six-week waiting period. After this time, the applicant can apply for the final order. Once the final order is granted, the marriage is legally terminated.
Conditional Order and Final Order: Understanding the Differences
There is often confusion between the conditional and final orders in divorce proceedings, leading some to mistakenly believe they are legally divorced after receiving the conditional order.
Understanding the differences between the conditional order (previously known as decree nisi) and the final order in divorce proceedings is important.
Conditional Order (Decree Nisi):
- This is the first stage of the divorce process after the application is filed.
- It signifies that the court sees no reason why the divorce cannot proceed.
- At this stage, the court is satisfied that the grounds for divorce have been met.
- The conditional order does not legally end the marriage.
Final Order (Decree Absolute):
- This is the conclusive and final stage of the divorce process.
- It legally terminates the marriage.
- The final order can be applied for six weeks after the conditional order is granted.
- Once the final order is issued, both parties are free to remarry.
The conditional order signifies that the relationship has irretrievably broken down and that the grounds for divorce have been accepted by the court. Essentially, it confirms that there are no legal barriers preventing the divorce from proceeding.
Following the grant of the conditional order, a mandatory six-week period is imposed before the applicant(s) can apply for the final order.
The crucial difference between the two orders is that only the final order legally terminates the marriage, officially ending the marital relationship. Until the final order is granted, the marriage remains legally intact.
Applying for a final order immediately or delaying the application
Some individuals opt to delay their application for a final divorce order, while others prefer to promptly obtain the legal document to formally end their marriage.
The primary reason for delaying the application for a final order is often related to unresolved financial matters associated with the divorce. If more than 12 months have passed since the conditional order was issued, the court will require an additional statement explaining the reason for the delay in seeking to legally terminate the marriage.
Other reasons for postponing the application for a final order may include:
- Religious considerations: In cases where a religious divorce must precede a civil divorce and the parties involved cannot reach an agreement,.
- Death of one party during divorce proceedings: If one party passes away before the divorce is finalised, having a final order without a financial settlement could disadvantage the surviving partner.
These situations can become highly complex, particularly if there are disputes over the divorce process or financial matters, potentially impacting both parties’ ability to move forward with their lives and affecting issues like finances and childcare arrangements. In such instances, seeking legal advice from a specialised solicitor is advisable. A legal expert can provide guidance on expediting resolution in a manner beneficial to all parties involved.
How to apply for a final order
The procedure for applying for a final order is fairly simple. After the mandatory six-week waiting period following the conditional order, you just need to fill out and sign the appropriate form and submit it to the court office.
Typically, the final order will be announced in court, although neither party usually needs to attend the hearing.
Why choose DLS Solicitors for expert legal guidance on divorce?
With substantial changes to UK divorce law in April 2022, having a seasoned divorce lawyer by your side is crucial to navigating the process effectively.
To gain clarity on your choices and the next steps, contact us today.
Please note that all the information provided above was accurate at the time of publication.
