What is a conditional order in divorce? (England & Wales)

The conditional order confirms that you’re entitled to divorce under English and Welsh law and represents the middle stage of the legal process of divorce. The Conditional Order replaced the Decree Nisi under the new no-fault divorce laws introduced in April 2022.

The Conditional Order is granted after the court reviews the divorce application, but the marriage or civil partnership remains legally intact until a Final Order is obtained.

There is a statutory waiting period of 6 weeks after the Conditional Order is granted before you can apply for the Final Order.

You can also change your mind about your divorce or dissolution even after getting a Conditional Order, as the separation is not legally finalised until the Final Order is made.

Divorces aren’t automatic and there are several stages to legally ending your marriage. We have outlined the legal steps required for a divorce to be finalised.

What is a conditional order?

A Conditional Order is essentially the court's way of saying "yes, we agree your marriage or civil partnership has broken down for good."

You'll get this order after you've submitted your initial divorce application and waited through the mandatory 20-week reflection period.

Think of the Conditional Order as a really important milestone - it's what allows you and your ex to move forward towards the final order that will officially end your marriage or civil partnership.

You have to wait at least 20 weeks from when your divorce proceedings were issued by the court before you can even apply for a Conditional Order. This waiting period is designed to give you and your ex time to think things through and, if you need to, sort out financial arrangements or make plans for your children.

How to get a conditional order for divorce

Step one: Apply for the divorce

You will need to submit either a joint application or a sole application for divorce or dissolution. If you are joint applicants, both parties must agree to proceed. The court will check your application and, if satisfied with the information you have provided, the court will issue your divorce application. Civil partners can also use this process to dissolve their partnership.

Once the application is court issued, the mandatory 20-week reflection period begins, and if you’ve applied solely, a copy of your divorce application is sent to your ex.

Step two: 20-week reflection period begins

You must wait for the 20-week reflection period to elapse before progressing further. This period has been built into the divorce process to enable couples to adjust to the news and to make any financial or children arrangements.

Step three: Apply for conditional order

Once the 20-week reflection period has elapsed,then you can apply for your conditional order. If you did a sole application, you will need to apply. If you did a joint application, either you will be able to apply for your conditional order. The court will then review the application and decide whether to grant or refuse the condition order, which is the middle stage of the divorce process.

If you start your divorce using the online system, you will be notified when you can apply for your conditional order. You will have to answer a few questions and tick the statement of truth box to confirm that you are being truthful in your answers.

If you posted a paper divorce application to the court, you’ll need to print off a paper conditional order application and post it to the owning court.

Step four: The Judge has reviewed your application for divorce, and the conditional order is granted

The court reviews your application and if satisfied that you can get divorced in England & Wales and all the information you have provided is correct, then the court will provide your ‘certificate of entitlement’ (having received the certificate outlining your conditional order divorce proceedings can advance).

The court will issue a notice stating the date your conditional order will be pronounced in open court. The Conditional Order is pronounced in open court, but neither you nor your partner are required to attend unless there is an objection.

Once a judge has pronounced your conditional order, you must wait 6 weeks and 1 day before applying for the Final Order. If no evidence is filed against the Conditional Order within this period, the applicant can proceed to apply for the Final Order.

Step five: Apply for a consent order (this step is not mandatory)

What happens after a conditional order has been granted is that you’ll be able to apply for a consent order. Many people are unaware that divorce alone doesn't end your financial relationship. To legalise your financial split and end the possibility of claims in the future you can submit a financial consent order to the court and have this granted by a Judge.

Step six: Apply for the final order

After the six-week period has elapsed after the conditional order, you can apply for your final order. Once granted (this takes one to two days), you will receive a final order certificate which confirms that your divorce has been finalised, you are then legally divorced, and you are free to re-marry if you wish. If you have any questions or need assistance with your application, get in touch with one of our divorce specialists.

FAQs about the Conditional Order

Does a conditional order mean you are divorced?

If you're notified that your conditional order has been approved, this does not mean you are divorced. Only once you have received a certificate of entitlement, which is your approved conditional order, will the divorce process continue. You have a six-week period and then you can apply for your final order (previously called the divorce absolute). Once you have received your approved final order, then you are legally divorced.

How to long between conditional order and final order?

The bare minimum this can take is around six to seven weeks as there is a six-week period between when your conditional order is granted and when you can apply for a final order. However, this can be longer if you have applied for a consent order following your conditional order being granted (this is the earliest you can start the consent order process).

What is the difference between a decree nisi and a conditional order?

A decree nisi and a conditional order are essentially the same thing. When the conditional order was called the decree nisi, grounds for divorce (reasons for divorce) were still necessary to disclose within the conditional order. On 6th April 2022 – when no-fault divorce was introduced - the whole process changed from: divorce petition - decree nisi - decree absolute; to divorce application - conditional order - final order.

How long does a conditional order take?

Once the 20-week reflection period has finished, you can apply for a conditional order. The time between applying for a conditional order and receiving your certificate of entitlement is normally around four to six weeks but will depend on the court's processing capacity and when the pronouncement date is set.