Understanding Conditional Orders and Final Orders in Divorce

As of the 6th of April 2022, England and Wales now has a no-fault divorce system, introduced by the Divorce, Dissolution and Separation Act. This marked the first significant change to divorce law in 50 years. The new system has brought many changes and reforms, including the introduction of new terms to describe the two main court orders which end a marriage: a ‘conditional order’ and a ‘final order’.

The difference between Conditional orders and final orders in divorce

A conditional order, previously called a ‘decree nisi’, is a document from the court confirming your ability to divorce. A final order, previously called a ‘decree absolute’, is the document confirming that your marriage has legally ended.

decree nisi and decree absolute

Conditional orders and final orders were introduced to replace their predecessors, the decree nisi and the decree absolute, as part of the significant changes made following the introduction of no-fault divorce in April 2022.

A conditional order serves the same purpose as a decree nisi. Likewise, a final order serves the same purpose as a decree absolute. The main and only real substantive difference between the new orders is their relevant timescales.

conditional orders and final orders as part of the divorce process

Obtaining a conditional order and a final order is a crucial part of the divorce process. To put it simply, there are three key stages to obtaining a divorce in England and Wales, and obtaining these orders makes up two of them:

1. Issuing your application (sole or joint application)
2. Applying for a Conditional Order 
3. Applying for a Final Order

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Applying for a conditional Order

Like a decree nisi, a conditional order confirms that the court does not see any reason why you cannot get a divorce. It does not finalise the divorce or end your marriage.  

Once the court has issued your divorce application, you must wait 20 weeks until you can apply for a conditional order. This ‘cooling-off’ period is designed to provide the parties with time to reflect. The hope is that the parties will use this as an opportunity to agree what they can. It also gives parties a chance to change their mind about seeking a divorce.  

The application for a conditional order will then be reviewed by the court, which may take several weeks. If approved, you and your spouse will be provided with a certificate detailing the time and date you will be granted a conditional order. 

Applying for a final order

Once you have been granted a conditional order, you must wait at least 43 days before you can apply for a final order. The period between a conditional order and a final order is typically longer, as parties will generally seek to resolve any financial issues between them before the divorce is finalised.  

The final order will then officially end your marriage and you will be legally divorced.