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The difference between a conditional order and a final order

Following the introduction of no-fault divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020, the terminology of the two key documents which are issued as part of the divorce process was updated - decree nisi became a conditional order, and decree absolute became a final order.

Once the initial application for divorce has been made, a 20-week waiting period will begin, during which you will have to wait before you can progress to the next stage. You will be notified when the waiting period has passed, and you can then apply for a conditional order, which confirms that the court does not see any reason why you cannot divorce.

Once a conditional order has been granted, you must wait an additional 43 days before you can apply for a final order, which ends your marriage. It is advisable to have a financial settlement in place before applying for a final order, whether this is a financial order from the court or an agreement with your spouse enshrined in a consent order.