Conditional Order is a conditional order of the court in the no-fault divorce process in England and Wales, which confirms that the court is satisfied that the legal requirements for divorce have been met and that the divorce may proceed.
It is the modern equivalent of the previous Decree Nisi.
The Conditional Order does not dissolve the marriage, it is an intermediate stage: the divorce does not become final until the Final Order (formerly Decree Absolute) is granted.
The Conditional Order can usually be applied for 20 weeks after the divorce application is issued, to allow time for reflection.
What is a Conditional Order in a divorce?
A Conditional Order is the court’s certification that your divorce can go ahead. It means the judge agrees that you fulfil the legal requirements to divorce, but you aren’t divorced yet.
What is the difference between a Conditional Order and a Final Order?
A Conditional Order is an interim stage confirming the divorce may proceed.
A Final Order formally ends the marriage. You remain legally married until the Final Order is granted.
How long does it take to get a Conditional Order?
You can normally apply for a Conditional Order 20 weeks after your divorce application is issued. The court will usually grant it a few weeks after the application has been made.
What happens after a Conditional Order is granted?
Wait six weeks and one day then apply for the Final Order. The divorce is not legally final until the Final Order is granted.
Can my spouse object before the Conditional Order is granted?
Disputes between spouses are limited under no-fault divorce. A spouse can only object on technical grounds like jurisdiction or validity of the marriage, not on grounds of why the divorce is happening.
Do both spouses need to apply for the Conditional Order?
If it is a joint application, both spouses must confirm they want to proceed.
If it is a sole application, only the applicant needs to apply.
Is a Conditional Order needed before a financial order?
Yes. The court cannot make a legally binding financial order until the Conditional Order has been made, unless it is an emergency application.
Can I stop the divorce after the Conditional Order?
Yes. A party can request the court not to make the Final Order, though you may need to explain your reasons to the court.