By Alison Green, Partner and Head of the Family and Relationship Team

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 first stage in the divorce process, following the initial application.

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

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

It is not however  the final step.  A 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 the 20-week period, parties often finalise arrangements relating to finances, property, and children.

Can the entitlement to a conditional order still be challenged?

The answer to that is 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 legal ability to grant the divorce because England and Wales is not the correct jurisdiction to deal with the matter.
  • 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:

  • Legally binding financial settlements hinge on the granting of a conditional order. 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 an important stage of the legal dissolution of a marriage, despite the no-fault divorce rules simplifying things, as it has implications for financial agreements.

The Final Order

It may take several weeks for the court to review the conditional order once the respondent has replied to the divorce application. You must then wait at least 6 weeks and 1 day after it has been granted before you can apply to finalise the divorce and end the marriage i.e. apply for the Final Order.

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

If you are currently going through a divorce and need expert advice on the conditional order or any other aspect of the process, please contact Alison Green, Partner and Head of the Family and Relationship Team at alison.green@mackrell.com or on 0207 240 0521. 

 

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