Following changes made to the UK’s divorce law in April 2022, there are now various processes by which couples can end their marriage or civil partnership. Conditional order replaces ‘Decree Nisi’, which previously was the initial step in the divorce process.
With the introduction of no-fault divorce, a divorce can no longer be contested. Instead, couples can petition for divorce on the grounds that the marriage has broken down. This is where the conditional order comes into play.
In this article, we’ll look at how a condition order works and the process involved, including what to expect after obtaining a conditional order.
Dealing with divorce or family legal issue? Our experienced team can provide the help and support you need. Explore our Divorce and Family Law section to learn more about how BGW can help.
How do conditional orders work?
A conditional order is the middle stage in the divorce process, marking the point at which the court agrees that your marriage has broken down. This is the stage that allows the couple to proceed towards obtaining a final order, which legally ends the marriage.
You apply for a conditional order after filing your initial divorce application, which states the reasons for your desire to divorce. The court will review your application and, if satisfied that the marriage has broken down irretrievably, they will issue the conditional order.
Once granted, it does not end the marriage, but it signifies that you have met the criteria to move forward. Both parties will then have to wait for a minimum period of 6 weeks before applying for the final order.
This waiting period allows for any potential challenges or further considerations regarding financial settlements or arrangements for children to be resolved.
How do you get a conditional order?
To obtain a conditional order, you must follow a specific process that begins with filing a divorce application with the court. This must include your personal information, details about your spouse, and the grounds for divorce, which in most cases will be that the marriage has irretrievably broken down.
Once the application is submitted, the court will issue a notice of the issue, which will be served to your spouse.
After your spouse receives this notice, they have the opportunity to respond if they wish to contest the divorce or dispute any claims. However, under the new no-fault divorce system, contesting the grounds for divorce is not a valid argument, as no blame is being assigned to either party.
If any responses have been received or the time for response has elapsed, a court hearing will be scheduled. During this hearing, you will need to demonstrate to the judge that your relationship has genuinely broken down and that there are no unresolved issues that would prevent the issue of the conditional order.
How long does it take to obtain a conditional order?
You must wait 20 weeks after your Divorce Application has been issued to the court before you can apply for a Conditional Order. This is intended to give both parties time to reflect on their decision and explore the possibility of reconciliation if they wish.
It is important to ensure that your application is complete and contains all required information to avoid delays. Your solicitor can assist you with providing the necessary documents.
If there are no issues or objections from either party, you will receive a notice confirming that your Conditional Order has been granted.
What happens once a conditional order is granted?
Once you obtain the conditional order, the next step is to apply for the final order. The final order is the legal document that officially dissolves the marriage.
After the 6-week waiting period, you can apply for the final order by submitting Form D36 to the court. The application will be reviewed, and as long as the court is satisfied that the necessary requirements have been met and that there is no reason to delay, the final order will be granted which will finalise the divorce.
Can you change your mind after the conditional order?
If you find yourself reconsidering your decision, you are not obligated to continue with the divorce process immediately. However, it is essential to recognise that once the six-week waiting period is over, you do face the possibility that your spouse could apply for the Final Order on their own if you have not acted.
Should you wish to stop the divorce proceedings altogether, you must notify the court. This typically involves submitting a notice of cessation, which can help you formally halt the process. Keep in mind, though, that this may only be possible under specific circumstances, and both parties must be on board for it to be viable.
We strongly recommend seeking legal advice before making any decisions regarding the ending of divorce proceedings. Your solicitor can help you understand the implications of ending the process and guide you on the correct procedures to follow.
Where to get advice
Divorce can be a stressful and emotional process, but you’re not alone. At BGW Solicitors, our team of family law experts is here to support you through every step of your divorce.
We understand that the legal processes can be overwhelming, especially during such a significant life change. That’s why we offer a range of services to ensure you have the guidance you need.Please contact us to discuss your options for divorce or ending a civil partnership.
