What is a Conditional Order Divorce?
A Conditional Order Divorce is the first order of the divorce or dissolution process, and is a legal document issued by the Court that says you are entitled to a divorce of your marriage, or a dissolution of your civil partnership.
It is issued approximately 20 weeks after the application for Divorce or Dissolution is made. The 20-week period starts from the date the divorce/dissolution application is officially issued by the Court.
Why is it called a Conditional Order?
A Conditional Order is called “conditional” because it represents the penultimate stage in the divorce or dissolution process. A Conditional Order indicates that the court has conditionally approved the divorce or dissolution, but it is not yet final. To finalise the divorce or dissolution, it is necessary to wait 6 weeks and 1 day before applying for the Final Order. The period of 6 weeks and 1 day gives a couple a further and final opportunity to reconsider their decision as to whether they wish to legally end their relationship.
Why do you have to wait 20 weeks for a Conditional Order Divorce?
The 20-week period applies equally to cases of divorce, and to dissolution of civil partnerships.
The purpose of the 20-week period is to reduce conflict and to ensure the decision to end a marriage or civil partnership is a considered one. The 20-week period allows a separating couple time to reflect, consider their situation, receive legal advice, and potentially turn back the process. The 20-week period is often referred to as the 20-week divorce cooling off period or the “reflection” period. The essence of the 20-week period in the process is that a Court cannot make a Conditional Order until the applicant, or in the case of joint applicants, confirm to the Court that they want their application for divorce or dissolution to continue. An applicant or joint applicants cannot provide this confirmation until at least 20 weeks have elapsed since the start of the proceedings.
Can the 20-week period in divorce be reduced?
A Judge can reduce the period in exceptional circumstances such as where one of the couple is terminally ill and there is a concern that the divorce may not be concluded prior to that person’s death. In the first reported case of its type, a Conditional Order was made 10 weeks after the divorce application was issued as the applicant had terminal health issues.
How to apply for a Conditional Order?
If the application for the divorce was made online, once 20 weeks has elapsed from the date the divorce application was issued by the court, a notification will be sent once the Conditional Order Divorce can be applied for.
If the application was made by post, a Form D84 must be completed. Either applicant can apply for the Conditional Order, if the application for divorce was jointly made.
The court normally takes a few weeks to review the application and once approved they will set a date for the Conditional Order to be pronounced.
Is there a hearing for the Conditional Order Divorce?
The process for the pronouncement of the Conditional Order all takes place by correspondence. Once a Judge is satisfied that the applicant or applicants are entitled to a divorce or dissolution, a “Certificate of Entitlement” will be pronounced which will state the date the Conditional Order will be pronounced at Court. There is no need for either party to attend the hearing and the actual Conditional Order document will be issued a few days after the hearing.
What happens if I don’t apply for the Conditional Order?
If you are the Applicant and don’t apply for the Conditional Order, the divorce process will remain incomplete and the divorce cannot move forward. You will remain married.
The Respondent could apply to the court to dismiss the divorce application, and issue their own divorce application against you. There may be cost implications if this happens.
In extreme cases of prolonged inaction, a court could dismiss the divorce application themselves.
Does a Conditional Order Divorce mean you’re divorced?
A Conditional Order Divorce is an important stage of a divorce, but it DOES NOT mean you are divorced yet. The Conditional Order confirms that a person is entitled to a divorce, but they still must wait at least 6 weeks and 1 day (43 days) before they can apply for the Final Divorce Order to end their marriage.
When the Final Divorce Order is granted – you are divorced. Even after a Conditional Order is granted, it’s still possible for parties to stop a divorce if they both agree to reconcile, as long as the Final Divorce Order has not been made.
If the application is made jointly, both parties will need to provide their written consent to the Court for the application to be withdrawn.
If the application is made by a sole applicant, it is possible for that party to withdraw their application before the other party is served. If the application has already been served, then the party that applied for the divorce/dissolution can apply to the court to dismiss the divorce/dissolution application.
Frequently asked questions about the Conditional Order Divorce.
Can a Conditional Order Divorce be refused?
A Conditional Order can be refused in the following limited circumstances:
- If the marriage is not recognised in England and Wales.
- If the court does not have jurisdiction over the case.
- The marriage is deemed invalid.
A refusal is unlikely if the divorce application was accepted by the court at the time of issue.
What is the difference between Decree Nisi and Conditional Order Divorce?
Prior to April 2022, the Conditional Order was called a Decree Nisi. Following the Divorce, Dissolution and Separation Act 2020 which came into force in April 2022, the terminology used in divorce law was updated and replaced with simpler terms. For example, the previous terms of “Decree Nisi” and “Decree Absolute” were replaced with “Conditional Order” and “Final Order” respectively.
Both the Conditional Order stage and Decree Nisi stage serve the same purpose; they are the legal documents in the middle stage of the divorce process which confirms the Court does not see any reason why you cannot end your relationship.
What is the difference between a Conditional Divorce Order and a Final Divorce Order?
The Conditional Divorce Order is a document that confirms the applicant or applicants have met the legal criteria and requirements to be entitled to a divorce or dissolution. A Conditional Divorce Order does not finalise the divorce or dissolution.
The document that finalises the divorce or dissolution is the Final Divorce Order. The Final Divorce Order is the final stage of the divorce or dissolution process.
In order to legally be able to remarry you must obtain a Final Divorce Order.
How long between conditional order and final order?
It is necessary to wait at least 6 weeks and 1 day (43 days) from the date of the Divorce Conditional Order before an application can be made for the Final Divorce Order to end a marriage or civil partnership.
How long does a divorce take from start to finish in the UK?
The absolute minimum time for a divorce or dissolution in the UK is 26 weeks. This takes into account the 20-week reflection period and the 6 weeks waiting period between the Conditional Order and Final Order. It is however rare to achieve a divorce or dissolution in this timescale as it does not include times for service or Court waiting times. A more realistic timescale is 30-35 weeks.