A conditional order in divorce is the first order of the court in the divorce process. If you have a conditional order, you are still married, and you will need to get a further order, known as a final order, before you will be divorced.
The current divorce and dissolution process has recently been changed to try and reduce acrimony. It requires a ‘cooling-off’ period of twenty weeks to give couples the chance to consider whether divorce is the right course of action and to discuss all of the options.
The Divorce, Dissolution and Separation Act 2020
On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 came into force. It introduced the so-called ‘no-fault’ divorce. Before this, the person seeking a divorce needed to show that they had valid grounds to ask for a divorce. For example, adultery and desertion could qualify a spouse to request a divorce.
The new law does not require any allegations to be made. One or both parties simply need to sign the application form stating that their relationship has irretrievably broken down.
What are Divorce Conditional Orders?
A court order is made by the court as part of the divorce process, which is as follows:
- One or both parties fill in an application form asking the court for a divorce or civil partnership dissolution. You must have been married or in a civil partnership for at least a year.
- The application form is filed at court, together with an official copy of the marriage or civil partnership certificate, and the court’s application fee is paid.
- The court will check the application, and if it is correct, it will be stamped and dated. This is known as the application being issued. The court will give the case a unique reference number.
- If only one party applied for the divorce, the court will serve the application on the other party, who is referred to as the respondent, within 28 days of the application being issued.
- The respondent has 14 days to sign an acknowledgement of service form and return it to the court.
- The person applying for the divorce then needs to wait for 20 weeks from the date on which the divorce application was issued. After this time, they can apply for a conditional order for divorce.
- The court can take several weeks to process this application. If it is approved, the court will send out a certificate stating that a conditional order has been granted.
- The applicant can apply for a final order after a further 43 days. One party can apply for this, even if both parties made the initial application for a divorce in their joint names.
How Long Does it Take to Get a Conditional Order in a Divorce?
The courts often take several weeks to issue a conditional order, particularly if there are backlogs, which is frequently the case in the family courts. This is in addition to the twenty-week waiting period.
However, it is important to note that you will usually be advised to deal with other issues at the same time as applying for a divorce, such as financial issues and arrangements for children. You should always ensure that you have a financial order made when you divorce. If you do not, you will still have a financial obligation to your former spouse, even after a final order is issued.
Can You Refuse a Divorce?
Since the new law was passed, there are only limited grounds on which a divorce can be contested or objected to. These are:
- The courts of England and Wales do not have legal jurisdiction to hear your case, for example, if you are not a UK citizen.
- Your marriage or civil partnership is not valid, which could be the case if it was an overseas arrangement not recognised by the UK courts.
- The marriage or civil partnership has already been ended, for example, by an overseas court.
It is not possible to object to a divorce simply because you wish to remain married.
How are Finances Dealt with in Divorce?
It is common for a financial order to be dealt with after a conditional order is obtained, but before a final order is requested.
The financial order is an essential part of the process and will set out how a couple’s assets and liabilities are to be split, including the matrimonial home, savings, debts and pension provision.
This can be dealt with by way of negotiation, including with the assistance of alternative methods of dispute resolution such as mediation, collaborative law and early neutral evaluation. Alternatively, a binding decision can be requested through arbitration or litigation.
Without a financial order, you could face a claim from your former spouse many years into the future, so it is important not to miss this step in the process.
For more information, see our article on the risks of failing to obtain a financial order on divorce.
Do I Need a Child Arrangements Order if I Divorce?
During the divorce, you can also ask the court to put a child arrangements order in place. These details issue, such as where a child will spend their time, which parent they will live with, what arrangements are made for school holidays, which individuals they can and cannot see, and how they will stay in touch with each parent while not together.
Again, this can be dealt with by way of agreement between the parents, which is the courts’ preferred option, or by asking the court to decide on the contents of an order. It is usually necessary to consider mediation before making an application to the court for an order.
Contact Our Divorce Solicitors
If you need help in navigating the divorce process, including dealing with financial matters and child arrangements, call us today, and we will do all we can to help.
For more information, see our family law page.
To speak to one of our expert divorce solicitors, ring us on 0330 173 3980, email us at info@witansolicitors.co.uk or fill in our contact form, and we will talk through your situation with you and discuss how we can assist.
FAQ
Do you have to get divorced if you have a conditional order?
If you obtain a conditional order, you will remain married until one or both of you apply to the court and are granted a final order. There is no obligation to complete the divorce or dissolution.
Is a conditional order the same as a decree nisi?
A conditional order has the same effect as a decree nisi. They are the first order made by the court when dealing with a divorce – the main difference is that a decree nisi is no longer available.
