Does a Conditional Order mean you are divorced?

On behalf of Attwaters Jameson Hill posted in Divorce on Friday, December 23rd, 2022

Going through a divorce is undoubtedly a difficult experience. On top of the emotional and practical stresses, the paperwork involved in the divorce application can be frustrating and time consuming.

When you apply for a divorce, there are four key stages you need to navigate; the divorce is only official once every stage has been completed. At each step, the support and guidance of specialists can add value to your divorce, turning an administrative burden into a positive process.

So, will a Conditional Order end my marriage?

Put simply, a Conditional Order is about confirming that you would like to continue to the final stage of your divorce. Applying for the Conditional Order – which was introduced in April 2022 to replace the decree nisi – is a key part of the divorce process, but it does not, on its own, end the marriage.

You can apply for the Conditional Order only after the divorce application has been submitted by the applicant (the one starting the divorce) and an acknowledgement of service has been returned by the respondent (the one responding to the petition).

The Conditional Order confirms that the court sees no reason why the marriage cannot be dissolved. It is a significant step in moving things forward; for example, after your Conditional Order is pronounced you can submit your financial agreement to the court.

The final step after the Conditional Order is the Final Order, which completes the process. Only at this point will your marriage be dissolved and you are divorced.

Stepping into a new era

The Conditional Order is one small step amid the overall divorce proceedings. Going through the process can seem like a chore when all you want to do is get started with your new life. The support you receive makes a huge difference to your experience.

At Attwaters Jameson Hill, our Family Law specialists can take the burden off your shoulders. We are always on top of the latest legal developments and can take some of the stresses away by guiding you along the best route for your unique needs.

Time for a change

If the judge agrees to a Conditional Order, you and your spouse will each receive notice to confirm the date it will be granted. Six weeks and one day after you can apply for a final order.

This period can often end up being extended, however, because of ongoing negotiations about the division of assets. Such delays can be frustrating when you want to move forward.

Moreover, the April 2022 law also introduced a minimum period of 20 weeks that must be observed between the start of proceedings and the application being made for a Conditional Order. Slowing the process down can help you and your spouse decide for sure that you are making the right decision, though it can also be a drag on your time.

It takes time to progress through the divorce the application, but you don’t have to let it take your time. As the Private Wealth Law Firm, at Attwaters Jameson Hill, we value your time and want to let you do the things you love, while we deal with the legal details.

Get in touch

Our Family Law experts have more than 200 years’ experience guiding high-net-worth clients through the complexities of the divorce process. We’ll ensure your every need is considered, while you put your precious time to better use.

To find out more, call Belinda Strange (Partner and Head of Family Law) on 0203 871 0011 or email belinda.strange@attwaters.co.uk.

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