What is the final stage of the divorce process?
The final stage of the UK divorce process is obtaining the Final Order. This document can be applied for 6 weeks and 1 day after the Conditional Order is granted.
What is a Final order in a divorce?
A Final Divorce Order of divorce legally ends a marriage or civil partnership and is irreversible once pronounced. Once a Final Divorce Order is granted, the divorce or dissolution is final and cannot be undone. After a Final Divorce Order has been issued by the court, you will be formally divorced and both you and your ex are free to remarry or enter into a civil partnership.
If you decide to reconcile with your former spouse or partner after receiving the Final Order, your previous relationship will have ended.
It is important to remember that while a Final Order legally ends a relationship, it does not automatically resolve financial matters between the parties.
When can I apply for the Final Divorce Order?
You can apply for the Final Divorce Order 6 weeks and 1 day after the Conditional Order was pronounced. This is the minimum waiting period before you can apply for the Final Order. The Final Order ends a marriage and allows the parties to remarry.
What happens if you don’t apply for a Final Divorce Order?
The Final Divorce Order will only be issued if one party applies for it. A Court does not automatically issue a Final Order. An Applicant has up to 12 months after receiving the Conditional Order to apply for the Final Order. If they apply after 12 months, the Court will need an explanation for the delay.
If the applicant does not apply for the Final Order, the other spouse can apply for it 3 months after the applicant was first able to apply.
Can a Final Divorce Order be reversed?
In an April 2024 case it was confirmed that once a Final Order of divorce is made it CANNOT be reversed. Accordingly, before completing the divorce, make sure a Court approved financial agreement is in place. Failure to do so could result in the loss of death in service benefits, and affect inheritance rights.
Is it possible to reconcile before the Final Divorce Order is pronounced?
You can withdraw the application for divorce or dissolution at any time before a Final Order is made.
Do I need a deed poll after the Final Divorce Order?
If you wish to change your name after divorce or dissolution, you will need a deed poll. A deed poll is a legal document that makes your new name official. To obtain a deed poll, you will need the following:
A declaration that you are giving up your old name, and adopting a new name. You will also have to specify the date you wish to start using your chosen new name.
If you simply want to revert to your maiden name after divorce, you may not need a deed poll if you have your original birth certificate, marriage certificate, and the Final Order.
How long do I have to wait to remarry after a divorce?
You are free to remarry immediately once you receive the Final Order. If you remarry before finalising financial matters, you will lose the ability to make financial claims against your former spouse. This is called the “Remarriage Trap“.
How does remarriage affect financial claims?
If a person remarries without reaching a Court approved divorce financial settlement, they will not be allowed to make financial claims against their ex. It is therefore a good idea to resolve financial matters any time after the Final Order in divorce, but before the remarriage.
Should I finalise the divorce or finances first?
It is better to reach a court approved financial agreement before getting the final order divorce. The Final Divorce Order of divorce affects yours and your spouse’s claims on each other’s pensions & estate. If you apply for the Final Order divorce before reaching a financial settlement, and your spouse dies – you will not be entitled to claim on their estate or receive death in service benefits.
It is therefore better to delay finalising the divorce until you have a financial agreement in place.
Is there a time limit to complete financial matters after the Final Order?
There is NO time limit! In a 2023 case, a wife was allowed to make a financial claim against her husband 29 years after their divorce.
Unless you have an Order dealing with financial matters approved by the Court – financial claims are still alive. Accordingly, it is a good idea to finalise financial matters as soon as possible.