If you have been researching divorce and found yourself confused by old-sounding legal terms, you are not alone. In April 2022, England and Wales replaced the Latin terms "decree nisi" and "decree absolute" with plain-English equivalents: the conditional order and the final order. The legal effect of each is identical to the old terms — only the names changed.
This guide explains what each stage means, how to apply, what to watch out for, and the critical question of timing your application correctly.
The Old Terms vs the New: A Quick Comparison
| Old Term (pre-April 2022) | New Term (from April 2022) | What It Means |
|---|---|---|
| Decree Nisi | Conditional Order | Court confirms you are entitled to a divorce — but you are not yet divorced |
| Decree Absolute | Final Order | Your marriage is legally ended — you are now divorced |
These changes came into force on 6 April 2022 as part of the Divorce, Dissolution and Separation Act 2020. If you received paperwork before that date referring to a decree nisi or decree absolute, those documents remain fully valid and legally effective.
What Is the Conditional Order?
The conditional order is the first formal court order in the divorce process. When the court makes it, it is confirming that it has reviewed your application and is satisfied that you are legally entitled to a divorce.
Importantly, receiving a conditional order does not mean you are divorced. Your marriage is still legally intact at this point. The conditional order is, in effect, a court saying "yes, we will grant this divorce" — but the marriage does not end until the final order is made.
How Do You Apply for the Conditional Order?
You can apply for the conditional order once 20 weeks have passed from the date your divorce application was officially issued by the court. This waiting period is mandatory — you cannot apply earlier, regardless of circumstances.
The application itself is straightforward. You complete a short form (either online via the HMCTS portal or by paper) confirming that your circumstances have not changed and that you wish to proceed with the divorce. There is no court hearing in most cases — the judge reviews the papers and, if satisfied, pronounces the conditional order.
Once made, the court will send you a certificate of the conditional order. Keep this document safely.
The 20-Week Cooling Off Period
The 20-week wait is a deliberate feature of the law introduced by the 2020 Act. Parliament's intention was to give separating couples time to reflect on their decision, and critically, to begin sorting out the practical consequences of divorce — finances, children arrangements, and housing — before the process becomes irreversible.
For many couples, this waiting period is actually useful. It creates a natural window to negotiate financial settlements and, where applicable, to agree arrangements for children without the pressure of an imminent final order.
The 20 weeks runs from the date of issue of the divorce application — not from when you submitted it. If there are delays in the court processing your application, the clock has not yet started.
What Is the Final Order?
The final order is the document that legally ends your marriage. Once it is made, you are divorced. You are free to remarry if you wish, and your legal status changes in several important ways — including your rights under a spouse's pension, your inheritance position under their will, and your next-of-kin status.
When Can You Apply for the Final Order?
You can apply for the final order 6 weeks and 1 day after the conditional order is made. This is a minimum period — there is no maximum, and you can delay applying for as long as you need.
If you wait longer than 12 months after the conditional order before applying for the final order, the court will require you to explain the delay. You may need to file a short statement or attend a brief hearing. This is a procedural requirement, not a barrier — it rarely prevents the final order being made.
Who Applies for the Final Order?
In a sole application, the applicant applies for the final order. If the applicant does not apply within 3 months of the date they become eligible, the respondent (the other spouse) has the right to apply instead.
In a joint application, either party can apply once the 6-week period has passed.
Should You Delay Applying for the Final Order?
Many family solicitors recommend waiting to apply for the final order until you have a financial consent order in place. Here is why:
- Once the final order is granted, your spouse is no longer your next of kin. If they die before a financial settlement is reached, your entitlements may be reduced or lost entirely.
- Pension-sharing orders — which allow you to receive a portion of your spouse's pension — can only be implemented once the final order is made. But the pension scheme needs time to action the order, so it needs to be in place first.
- On intestacy (dying without a will), a divorced spouse has no automatic right to inherit from the other. If your financial affairs are not fully settled, this could leave either party in a difficult position.
This does not mean you must delay indefinitely, but it is worth making sure that at minimum a consent order has been agreed and submitted to the court before you apply for the final order.
Practical tip: If the final order is applied for urgently — for example, because one party wants to remarry — make sure both parties are clear about the financial implications and that a consent order is in progress or already approved.
The Full Divorce Timeline in Context
| Stage | Key Point |
|---|---|
| D8 application submitted | Starts the process |
| Application issued by court | 20-week clock starts here |
| 20 weeks from issue | Earliest date to apply for conditional order |
| Conditional order made | You are entitled to divorce but not yet divorced |
| 6 weeks and 1 day after conditional order | Earliest date to apply for final order |
| Final order made | Marriage is legally ended |
Know Exactly Where You Stand
Clarity Guide gives you a personalised step-by-step roadmap through the England and Wales divorce process — including what to do at each stage and how to protect your financial position.
Get My Guide — from £37What About Finances and the Final Order?
The final order has no automatic effect on your financial ties to your spouse. Property you own jointly, pensions, savings, and debts remain legally shared until a financial court order is made. Getting divorced does not automatically divide assets.
You need a separate financial remedy order — either a consent order agreed between the parties, or a financial remedy order made by the court if you cannot agree. This order provides the clean break and legal certainty that the final order alone cannot give you.
For more detail on this, read our guide to financial settlements in England and Wales.