The conditional order is one of the key stages in getting divorced in England and Wales, and one of the most misunderstood, partly because it used to be called something else. If you have started a divorce and reached this point, you are most of the way there. This guide explains what a conditional order is, how it relates to the old Decree Nisi, how long it takes, what it costs, and the one thing you should sort out before you take the final step.
In short: A conditional order is the first of the two orders in a divorce application; it is the court confirming you are entitled to divorce. It was called the Decree Nisi before the no-fault divorce rules came in. You can apply for it 20 weeks after starting your divorce and once granted, you must normally wait a further 6 weeks and 1 day before applying for the final order, which legally ends the marriage. There is no separate court fee for the conditional order.
Quick answer: what is a conditional order?
A conditional order is a document from the court confirming that you are entitled to a divorce. It does not end your marriage on its own; it is the first of two orders, followed later by the final order, which is what actually dissolves the marriage. Think of it as the court saying “yes, this divorce can go ahead”, with the final order being the divorce itself.
Conditional order or Decree Nisi: what’s the difference?
They are essentially the same thing under different names. Before the no-fault divorce law came into force on 6 April 2022, the conditional order was called the Decree Nisi (and the final order was the Decree Absolute). The process was renamed in plain English as part of the move to no-fault divorce, but if you see “Decree Nisi” in older guidance, it means the conditional order.
How do you apply for a conditional order?
You apply through the online divorce service (or by paper) once enough time has passed. You cannot apply straight away: there is a 20-week “reflection period” from the date the divorce application is issued before you can apply for the conditional order. After that, the applicant confirms they wish to proceed, and the court reviews the application.
How long does a conditional order take?
Once you apply, the court usually takes a few weeks to process the application and confirm a date on which the conditional order will be pronounced, though exact timescales vary with court workload. The bigger part of the wait is the built-in 20-week period before you can apply at all, plus the further wait before the final order.
Do you have to pay for a conditional order?
There is no separate court fee for the conditional order itself. The divorce court fee is paid once, at the start, when you make the divorce application; the conditional order is part of that process rather than a separate paid step. If you are on a low income or certain benefits, you may be able to get help with the fee.
Not sure where you are in the process, or what to do next? Speak to a family law specialist for a free 30-minute initial consultation: call 0800 321 3832 or request a callback.
Can a conditional order be rejected?
It can be refused or delayed if the court is not satisfied that the divorce can proceed, for example, if there is missing information, an error in the application, or an issue with how the application was served on the other person. In most straightforward cases, it is granted, and where there is a problem, the court will usually explain what needs to be put right.
What happens after the conditional order?
The conditional order is not the end. After it is granted, you must wait before you can apply for the final order, which is the order that legally ends your marriage. This gap is deliberately built into the process. It is also the most important window for sorting out your finances (see below) before the divorce is finalised.
How long between the conditional order and the final order?
You must normally wait at least 6 weeks and 1 day after the conditional order before you can apply for the final order. Once you apply, the final order is usually granted quickly, and at that point you are divorced. You can leave a longer gap if you want to resolve your finances first, and in many cases that is the sensible course.
Should you sort your finances before the final order?
In most cases, yes, and this is the single most important practical point. Ending the marriage with the final order does not resolve your finances; those are dealt with separately by a financial order, ideally a consent order containing a clean break.
Applying for the final order before your financial settlement is in place can create real risks, for example to pension and other entitlements that depend on still being married. Taking advice before you apply for the final order is strongly recommended.
Frequently asked questions
What is a conditional order in a divorce?
A conditional order is the court’s confirmation that you are entitled to divorce. It is the first of the two final orders; the final order, granted later, is what actually ends the marriage.
Is a conditional order the same as a Decree Nisi?
Yes. The Decree Nisi was renamed the conditional order when no-fault divorce came in on 6 April 2022. They refer to the same stage of the divorce.
How long does a conditional order take to be granted?
You can apply 20 weeks after starting the divorce, and the court then usually takes a few weeks to process it and pronounce the order, depending on its workload.
How long after the conditional order can I get divorced?
You must wait at least 6 weeks and 1 day after the conditional order before applying for the final order, which is what legally ends the marriage.
Do I have to pay for a conditional order?
No. There is no separate fee for the conditional order; the divorce court fee is paid once at the application stage. Help with fees may be available if you are eligible.
Can a conditional order be refused?
Yes, if the court is not satisfied the divorce can proceed, for example because of missing information, an error, or a problem with service. The court will normally explain what needs correcting.
Talk to our divorce team
Wherever you are in the divorce process, we can guide you through the conditional order, the final order, and crucially, the financial settlement that should be in place before your divorce is finalised. We offer a free 30-minute initial consultation.
Call 0800 321 3832 or request a free callback to speak to an expert divorce solicitor.
Fiona Spinks
Divorce and family solicitor Cambridge
*This article reflects the law in England and Wales (Scotland and Northern Ireland differ) and is written by Fiona Spinks, an experienced family law solicitor at Woolley & Co, based in Cambridgeshire. It is intended as general information, not legal advice. Woolley & Co, Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA number 563859) and recognised as a Leading Firm for Family Law by the Legal 500.*
