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What is a conditional order?

The introduction of no-fault divorce in England and Wales in April 2022 marked a big change in family law.

By removing the need to assign blame for the breakdown of a marriage, the process has become less confrontational and more streamlined.

One important stage in the divorce process is the conditional order, previously known as the decree nisi.

The conditional order is the second stage in the divorce process, following the initial application.

A period of 20 weeks must pass after the courts have issued the divorce application before applying for a conditional order.

Once granted, it confirms that the court sees no reason why the divorce cannot proceed.

However, it is not the final step. Marriage is only legally dissolved once the final order (formerly the decree absolute) is issued.

The conditional order acts as a gateway to the conclusion of the divorce process.

During this stage, parties often finalise arrangements relating to finances, property, and children.

Can the conditional order still be challenged?

Yes, but only on specific technical or legal grounds. These include:

Jurisdictional issues – If one or both parties believe the court does not have the authority to grant the divorce.
Validity of the marriage – If there is a question over whether the marriage was legally recognised in the first place.
Procedural errors – If there has been a mistake in how the divorce application was processed or handled.

Such challenges are rare and require solid legal justification.

For most couples, the no-fault system ensures the process proceeds smoothly without unnecessary conflict.

Why is the conditional order important?

While the conditional order itself may seem like a formality, it carries legal weight. For instance:

Financial settlements often hinge on the granting of a conditional order. In many cases, financial consent orders cannot be finalised until this stage is reached.
It provides both parties with clarity and a clear pathway towards the conclusion of their marriage.

The conditional order process is still an important stage of the legal dissolution of a marriage, despite the no-fault divorce rules simplifying things, as it has implications for financial and other agreements.

The final order

It may take several weeks for the court to review the conditional order. You must then wait at least 43 days after it has been granted before you can apply to finalise the divorce and end the marriage.

This application must occur within 12 months of getting the conditional order, or you may have to explain the delay to the court.

A final order can be applied for as an individual, even if you started the divorce process with your spouse.

Any legally binding arrangements for the division of assets must be applied for before an application for a final order is made.

If you are currently going through a divorce and need expert advice on the conditional order or any other aspect of the process, our experienced family law solicitors are here to help. Contact us today.

Elaine Collins

Senior Associate

I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.

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