In brief
A final order (formerly called a decree absolute) is the legal document that officially ends your marriage. Under the no-fault divorce system introduced on 6 April 2022, you can apply for your final order six weeks and one day after the court grants your conditional order. The earliest you can receive a final order is around 26 weeks from the date your divorce application was first issued.
There is no additional court fee for the final order itself, it is covered by the initial £612 divorce application fee. It is strongly advisable to have a consent order dealing with your financial settlement in place before applying for your final order, as this protects both parties and avoids losing important financial claims.
What is a final order in divorce?
A final order is the last step in the divorce process. It is the court document that legally ends your marriage, confirming that you are no longer married and are free to remarry or enter into a civil partnership if you wish.
Until the final order is granted, you remain legally married, even if you have already received a conditional order. The conditional order simply confirms that the court sees no legal reason why the divorce cannot proceed. It is the final order that actually dissolves the marriage.
The final order is made under the provisions of the Divorce, Dissolution and Separation Act 2020, which replaced the previous fault-based divorce system with a no-fault approach on 6 April 2022.
What is the difference between a decree absolute and a final order?
If your divorce was started before 6 April 2022, the document ending your marriage would have been called a decree absolute, and the interim step was known as a decree nisi. For all divorces started on or after 6 April 2022, these terms have been replaced:
- Decree nisi is now a conditional order
- Decree absolute is now a final order
The legal effect is identical. Both a decree absolute and a final order permanently dissolve the marriage. The change in terminology was part of the wider reform under the Divorce, Dissolution and Separation Act 2020, which aimed to simplify the process and remove the need to assign blame.
If you obtained a decree nisi before 6 April 2022 but have not yet applied for the decree absolute, you can still do so, the old terminology and process continue to apply to your case.
How to apply for a final order: step by step
The process for obtaining a final order is relatively straightforward. Here is what happens:
Step 1 – File your divorce application. You or your spouse (or both of you jointly) submit a divorce application to the court, either online or by post. The court fee is £612.
Step 2 – Wait 20 weeks. After the court issues the application, there is a mandatory 20-week reflection period. During this time, the court will not grant a conditional order. This waiting period gives both parties time to consider reconciliation and to begin resolving financial and practical matters.
Step 3 – Apply for the conditional order. Once the 20-week period has passed, you apply for the conditional order. The court checks that the application is in order and, provided there are no legal impediments, grants the conditional order.
Step 4 – Wait six weeks and one day. After the conditional order is granted, you must wait a further six weeks and one day before applying for the final order.
Step 5 – Apply for the final order. You submit the application for a final order There is no additional court fee for this step.
Step 6 – Court grants the final order. Once satisfied that all requirements have been met, the court grants and seals the final order. Both parties receive a copy. Your marriage is now legally at an end.
Who can apply for a final order?
In most cases, the person who started the divorce (the sole applicant) or either party in a joint divorce application can apply for the final order once the six-week waiting period has passed.
If the applicant does not apply for the final order within the expected timeframe, the other party (the respondent) can apply, but only after a further three months have passed from the date the applicant first became eligible.
It is worth noting that you should apply within 12 months of becoming eligible. If more than 12 months pass, the court will require you to file a written statement explaining the delay and confirming that there has not been a reconciliation etc.
How long does a final order take?
The minimum timeline from the start of divorce proceedings to the granting of a final order is approximately 26 weeks (around six months):
- 20 weeks – reflection period before the conditional order can be applied for
- 6 weeks and 1 day – waiting period between the conditional order and the final order application
In practice, many divorces take longer than this minimum, particularly where there are financial matters to resolve or where court processing times are slower than usual.
Once you have submitted your final order application, the court typically processes it within a few days. In some cases, it may be granted on the same day. However, if there are complications, such as outstanding financial proceedings or a delay beyond 12 months, it may take longer.
How much does a final order cost?
There is no separate court fee for the final order application. The £612 divorce application fee (paid at the start of the process) covers the entire divorce procedure, including the conditional order and the final order.
If you also need a financial order, the costs depend on the type:
- Consent order (where both parties agree): £60 court fee
- Contested financial order (where the court decides): £313 court fee
Solicitor fees for handling the divorce and financial settlement are separate. For more information, see our guide to the cost of divorce.
If you are on a low income or receive certain benefits, you may be eligible for help with court fees through the Help with Fees scheme (form EX160).
Should you apply for your final order before sorting finances?
This is one of the most important questions in the divorce process, and the short answer is: usually not.
While there is no legal requirement to have a financial order in place before applying for your final order, family law solicitors generally advise that you should have a consent order or clean break order agreed and approved by the court first. Here is why:
- Divorce affects your marriage related financial entitlements. For example you may no longer be entitled to death or pension benefits and any provision made for you in your former spouse’s will be void.
- Financial claims remain open. Without a financial order, either party can make a financial claim against the other – potentially years after the divorce. A consent order or clean break order dismisses these future claims and provides certainty for both sides.
- Pension rights may be affected. If you have a pension sharing order there are technical rules around the timeframes for implementation which are affected by the date of your final order.
- Spousal maintenance and other financial claims could be lost. Remarriage ends any entitlement to spousal maintenance from your former spouse. It can also affect claims for other financial provision if you apply for your final order and go on to remarry and have not made an application for a financial settlement before doing so.
- Property and assets. It is important to know what you are entitled to in a divorce settlement and to ensure that the division of property, savings, and other assets is formalised before the marriage officially ends.
The safest approach is to resolve your financial matters, have the consent order approved by the court, and only then apply for the final order.
What happens after your final order is granted?
Once the court grants your final order:
- Your marriage is legally dissolved. You are officially divorced from that moment.
- You are free to remarry or enter into a civil partnership.
- Your will may be affected. Under English law, any existing will is treated as if your former spouse has died on the date of the final order. This means gifts to your ex-spouse in your will may no longer take effect. It is important to review and update your will promptly.
- Financial claims remain open unless dismissed. If you have not obtained a consent order or clean break order, your ex-spouse can still bring a financial claim against you, even years later. This underlines the importance of resolving finances before or shortly after the final order.
For guidance on the practical steps following divorce, including how to split up property and your rights to stay in the family home, our blog has further information.
Get expert legal advice on your divorce
If you are approaching the final stages of your divorce and want to make sure everything is handled properly, particularly your financial settlement, our experienced family law solicitors can help. We offer a free initial consultation to discuss your situation and explain your options.
Call us free on 0800 321 3832 to speak to a solicitor today, or request a call back at a time that suits you.
Frequently asked questions
How long does a final order take once applied for?
Once you submit your application for a final order, the court typically processes it within a few days. In straightforward cases, it may be granted on the same day. If there are complications or the application is late (more than 12 months after eligibility), the court may require additional information or a hearing, which can extend the timeline to several weeks.
Can I apply for a final order without a solicitor?
Yes. You can apply for a final order yourself, either through the online divorce portal at gov.uk or by submitting Form D36 by post. However, if there are unresolved financial matters, it is strongly advisable to take legal advice before applying.
What happens if I do not apply for my final order?
If you do not apply, you remain legally married. There is no automatic deadline that cancels your divorce proceedings, but if more than 12 months pass from when you first become eligible for the final order, the court will require a written explanation for the delay. Your conditional order does not expire, but prolonged delay can complicate matters.
Is a final order the same as a decree absolute?
Yes. The final order replaced the decree absolute for all divorces started on or after 6 April 2022. Both documents have the same legal effect: they formally end the marriage. If your divorce began before that date, the old terminology (decree absolute) still applies to your case.
Do I need a financial order before applying for my final order?
There is no legal requirement to have a financial order in place first. However, most family law solicitors strongly recommend it. Without a financial order such as a consent order or clean break order, financial claims between you and your ex-spouse remain open indefinitely, which can cause problems later, especially if either of you remarries.
How much does it cost to get a final order?
There is no separate fee for the final order. The £612 divorce application fee paid at the start covers the entire process, including the conditional order and the final order. If you also need a consent order for your financial settlement, there is an additional court fee of £60.
