As of 6 April 2022, changes to the law on divorce in the UK brought about various reforms to the general processes involved in divorce and separation. Referred to as no-fault divorce, one such change under the new law involved the introduction of the term ‘Conditional Order’, which has replaced the previous term ‘Decree Nisi’.
The Conditional Order represents the middle stage of the legal processes related to a divorce. It is the legal confirmation that you are entitled to a divorce under English and Welsh law.
While under no-fault divorce it is no longer possible for someone to contest a divorce application, this does not necessarily mean that a Conditional Order will be automatically granted. There are certain processes that need to be followed, as well as specific timescales that dictate how long it will take before the Conditional Order is granted.
At Crisp & Co, our expert divorce solicitors are well-versed in the legal processes related to no-fault divorce and will be able to advise you in relation to Conditional Orders. This includes ensuring that your initial divorce application (either sole or joint) is detailed and accurate, as well as guiding you through the application process related to the Conditional Order.
To speak to a member of our family law team about Conditional Orders, or the general processes related to no-fault divorce, give us a call at your local branch or fill in our enquiry form for a quick response.
What is a Conditional Order?
A Conditional Order is a court order granted during divorce proceedings which confirms that you are eligible for a divorce and the court does not see any reason why you cannot end your marriage or civil partnership.
Once a couple files for divorce, they must wait 20 weeks before applying for a Conditional Order. The Conditional Order is the first of two stages in the court process, and it confirms that the marriage has irretrievably broken down, but it does not finalise the divorce.
The Conditional Order allows couples to proceed to the next stage of the divorce process, a further 6-week waiting period after which they can apply for a Final Order to complete the process.
What did a Conditional Order used to be called?
Under previous divorce law, the Conditional Order was called the Decree Nisi.
Are there any differences between a Conditional Order and the Decree Nisi?
The main difference between the previous Decree Nisi and a Conditional Order is the relevant timescales. Previously, you could apply for a decree nisi as soon as you received the acknowledgement of service from the respondent (the person who did not submit the divorce application).
Now, you are no longer able to apply for a Conditional Order until 20 weeks after the Divorce Application has been issued by the court. This ‘cooling off’ period has been introduced to provide separating couples with a chance to reflect on their divorce and to be sure that they are making the right decision.
When can I apply for a Conditional Order?
After filing a divorce application either jointly with your spouse or individually, you must wait a minimum of 20 weeks. This waiting period is designed to allow couples time to reflect on their decision to divorce and explore possible reconciliation.
Once this period has passed and you still wish to proceed with the divorce, you can apply for a Conditional Order. This is confirmation from the court that there are valid grounds for divorce and that the marriage has irretrievably broken down.
The Conditional Order is a crucial step in the divorce process but does not finalise the divorce. After it is granted, you must wait another six weeks before applying for the Final Order, which legally ends the marriage.
How long does it take for a Conditional Order to be granted?
The time it takes for a Conditional Order to be granted in divorce proceedings depends on several factors, including court processing times and the specific circumstances of the case.
After filing a divorce application, there is a mandatory 20-week waiting period, before you can apply for a Conditional Order. This period begins from the date the divorce application is issued by the court.
Once the application for the Conditional Order is submitted, it usually takes a few weeks for the court to review and grant it, provided everything is in order and uncontested.
In total, from the start of the divorce process to receiving the Conditional Order, it may take around 4-6 months, depending on individual circumstances.
How do you apply for Conditional Orders in divorce?
To be able to apply for a Conditional Order, you first need to have gone through various steps under the new no-fault divorce law.
Prior to being eligible to apply for a Conditional Order, one or both spouses must complete and submit a divorce application online. This application needs to include a statement of irretrievable breakdown to confirm that the relationship is over.
Previous laws dictated that a reason needed to be provided to prove the irretrievable breakdown of the relationship (such as adultery or unreasonable behaviour). That is no longer required under no-fault divorce.
If the application is made by a single spouse, the court will send a copy to the other spouse, who needs to confirm receipt and send back an ‘acknowledgement of service’ within 14 days. They can no longer contest the divorce application. Alternatively, a joint applicant can also be made.
After a 20-week waiting period, you can then apply for a Conditional Order. You will usually receive notification when you are able to make this application.
It’s important to note that you can apply for a Conditional Order and continue with the divorce as a sole applicant, even if you started the process jointly with your former spouse.
Will my application for a Conditional Order be accepted?
If you have had a divorce application accepted by the court, there are unlikely to be any reasons why the court will refuse the Conditional Order.
There are some exceptional circumstances which may provide someone with the grounds to appeal a divorce application, which the courts may need to take into consideration. This includes situations where the English and Welsh courts do have the jurisdiction to deal with the divorce, the marriage is not deemed to be valid, or you are already divorced.
What happens after a Conditional Order is granted?
After a Conditional Order of divorce is issued, there is a further 6-week waiting period before an applicant or joint applicants can apply for what is known as a Final Order. This was previously called the Decree Absolute.
Once the Final Order is granted, the divorce or civil partnership is considered legally over.
Can you change your mind after a Conditional Order is granted?
Even after a Conditional Order has been granted, this does not mean that the divorce is finalised. If both parties agree, the divorce does not need to go ahead, and the marriage or civil partnership will not be legally over until the Final Order has been issued.
Does a Conditional Order have to be granted before a Consent Order can be?
While no-fault divorce has been introduced to help streamline the general processes, there are still a number of additional arrangements which need to be made, such as the division of finances and what will happen to any children in the relationship.
These matters can be sorted on a voluntary basis, but for them to be considered legally binding, an application for a consent order needs to be made.
You will be eligible to apply for a consent order as soon as a Conditional Order has been granted.
What happens if I don't apply for a Conditional Order?
If you don’t apply for a Conditional Order after starting divorce proceedings, the divorce process will remain incomplete. The Conditional Order is an important step that confirms the court agrees your marriage has irretrievably broken down.
Without applying for the Conditional Order, you cannot move on to the next step: applying for the Final Order (previously known as the decree absolute), which legally ends the marriage. Essentially, your marriage will remain legally valid until these steps are complete.
There is no time limit for applying for a Conditional Order after the initial 20-week reflection period, but delaying could prolong the process and will keep your financial and legal obligations tied to the marriage. It is advisable to apply at the earliest opportunity to avoid these issues.
Do you have to pay for a Conditional Order?
There is no individual cost to complete the application for a Conditional Order. However, there is a £593 fee to pay when you file a divorce application.
You may be able to get help with this fee if you receive benefits or are on a low income.
Can the respondent apply for a Conditional Order for divorce?
Under the new divorce rules, you can apply for a divorce either individually or jointly. If one party applied for the divorce individually, they are known as the applicant and the other party is the respondent.
If the divorce is filed by one person alone, the applicant will need to request the Conditional Order as part of the process. The respondent is not able to apply for the Conditional Order.
If the applicant fails to apply for a Conditional Order, the options of the respondent are limited and they will most likely need to file their own divorce application to restart the process. If you are in this position, you should contact our expert divorce solicitors at the earliest opportunity to discuss your next steps.
Contact our no-fault divorce solicitors
Crisp & Co is a dedicated firm of family lawyers who have specialist expertise in a wide range of matters, from straightforward separations through to complex divorce proceedings.
We are members of the Law Society Family Law Advanced Accreditation scheme for our skills and experience in this area, as well as our high standards of client care.
To speak to a member of our family law team about Conditional Orders, or the general processes related to no-fault divorce, give us a call at your local branch or fill in our enquiry form for a quick response.