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Divorce Process Part 3: Obtaining the Decree Nisi of Divorce – Conditional Order

This is the Third part in a Four part review of the divorce process entitled ‘Obtaining the Decree Nisi of Divorce. This is now called the ‘Conditional Order’.

Once the Divorce Petition has been acknowledged by the Respondent, the court will then start the process toward pronouncing the decree nisi of divorce. This is now called the ‘Conditional Order’. The importance of the Conditional Order is twofold.

First it is the initial decree of your divorce. No divorce can be finalised before a conditional order is pronounced first.

Secondly, no financial settlement or Orders relating to the finances of the divorce can be made by the court until the conditional order has first been pronounced. A conditional order also indicates that you are well on the way to being divorced.

Overview & Procedure

When the Respondent returns the Acknowledgement of Service form to the court, the court will forward a copy of this to the Petitioner.

The Petitioner no longer needs to file a statement at this stage. The new rules simply require the parties to wait 20 weeks before the Conditional Order is granted.

The purpose of the new 20 week waiting period is to give the parties an opportunity to reflect on their decision, to start to sort out their finances and negotiate how they intend to divide finances and any childcare issues.

The Conditional Order he first of two Orders made by the courts in relation to the divorce petition. It is a significant stage in the divorce and once it is pronounced then six weeks after the date of it’s pronouncement, the Petitioner can apply to the court for the Decree Absolute of Divorce.

The Decree Absolute of Divorce is now called the ‘Final Order’. Once this is obtained the marriage is dissolved and at an end.

Also , the Conditional Order is important because it is only after the pronouncement of the conditional order that the Court can make any final orders concerning the financial aspects of the divorce.

This applies even if the parties to the marriage have agreed the financial aspects of the divorce by way of a Consent Order. It is therefore important that the conditional order is obtained at the right time.

Once the conditional order is obtained, the speed at which the divorce progresses to a Final Order is very much in the hands of the Petitioner. This is because the Petitioner can apply, six weeks after the pronouncement of the Conditional Order, for a final decree of divorce, being the Decree Absolute or as it is now called, the Final Order.

This is one of the reasons why it is sometimes beneficial to be the Petitioner in divorce proceedings, because the Petitioner often has the lead when it comes to deciding the speed at which matters will proceed.

Frequently Asked Questions

What does a Conditional Order mean – does it mean I am divorced?
Not quite yet. The Conditional Order signifies that the court has accepted the grounds for divorce as well as the Respondents acknowledgement and the divorce can progress toward a final Order.

You are divorced only when you receive the Final Order of divorce. Before this, you cannot legally re-marry and there can be other consequences too, including your rights and entitlements in the event that your spouse or you die before the divorce is finalised.

The court has pronounced my Conditional Order – what do I do next?
Before progressing the matter on to a final decree of divorce, this is an important stage to consider whether there are any issues in relation to the finances of the divorce that need to be resolved.

If the financial aspects of the divorce are still unresolved then any application to the court in regard to finances needs to be filed now.

Delay beyond this stage in addressing the financial aspects of the divorce can mean that one or both of the parties may well lose out on their entitlements.

The financial aspects of the divorce are called Financial Remedy proceedings. You may have heard this referred to as ‘Ancillary Relief’. That was the old name – now it’s Financial Remedy.

Should you have any queries about your own personal circumstances Contact us for guidance and advice relating to your particular circumstances on 020 8401 7352.

The information provided in this article is general information only and it is not intended that you should rely on this information as advice relating to your specific circumstances.

Divorce is a potentially complex legal process and you should always ensure that you receive independent legal advice specific to your particular circumstances from a qualified and experienced solicitor.

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