Conditional order

What is a conditional order?

A conditional order is a court document that says the court is satisfied you meet the legal requirements for divorce. It’s “conditional” because it’s not final – you need to take one more step (applying for the final order) to actually end the marriage.

The term “conditional order” was introduced in April 2022 as part of the no-fault divorce reforms. If your divorce was started before this date, the equivalent document was called a “decree nisi.”

When can you apply?

You can apply for a conditional order 20 weeks after the court issued your divorce application.

The 20-week period:

• Starts from the date the court issued (not when you submitted) your application
• Cannot usually be shortened
• Is designed as a “reflection period” to consider your decision and sort out arrangements

You’ll receive notification from the court when you’re eligible to apply.

Exceptional circumstances

In very rare cases, the court can shorten the 20-week period – for example, if one spouse is terminally ill. You’d need to apply specifically for this with strong supporting evidence.

How to apply

If you applied online

You’ll receive a notification when 20 weeks have passed. Log into your account and follow the prompts to apply for a conditional order.

You’ll need to confirm:

• You want to continue with the divorce
• The information in your original application is still correct (or note any changes)

If you applied by post

Complete Form D84 – Application for a Conditional Order. Send it to the court that’s handling your case.

Joint applications

For joint applications, either applicant (or both) can apply for the conditional order. You don’t both need to apply separately.

Sole applications

Only the applicant can apply. Your spouse (the respondent) will be notified but doesn’t need to do anything.

What happens next

The court reviews your application. A legal adviser checks that:

• The 20-week period has passed
• Your application was properly served (for sole applications)
• The information is complete and accurate

If everything’s in order, the court issues a Certificate of Entitlement stating the date and time the conditional order will be pronounced.

The pronouncement happens automatically on the stated date – you don’t need to attend court.

What does the conditional order mean?

Once you have a conditional order:

You’re still legally married. The conditional order doesn’t end your marriage – only the final order does that.

You can’t remarry yet. You’re still married until the final order is granted.

You can apply for the final order. After waiting 6 weeks and 1 day, you can apply to finalise the divorce.

The process is almost complete. Assuming you apply for the final order, the divorce is now very likely to go through.

The gap between conditional and final order

You must wait 6 weeks and 1 day (43 days) after the conditional order before applying for the final order.

This waiting period:

• Gives time for any final matters to be raised
• Allows either party to apply for financial orders before the marriage ends
• Provides a last opportunity to reconsider

Using this time wisely

Many people use this period to:

• Finalise financial settlement negotiations
• Submit a consent order for finances
• Ensure everything is in place before the marriage legally ends

Can the conditional order be rescinded?

In rare circumstances, you can apply to have the conditional order set aside (cancelled). This might happen if:

• You’ve reconciled and want to remain married
• There was a procedural error in the divorce

You’d need to apply using Form D11 and explain why. If both parties agree to rescind, it’s more straightforward. If only one party wants to cancel, a hearing may be needed.

Once a final order has been made, it’s much harder to undo the divorce.

What if I don’t apply for a conditional order?

There’s no deadline to apply for a conditional order. However, if you don’t apply and want to divorce, the process will stall.

For joint applications, if one person fails to apply for the conditional order, the other can switch to a sole application and continue alone.

Common questions

Is there a fee for the conditional order?

No. The £612 divorce application fee covers everything including the conditional order and final order.

Do I need to go to court?

No. The conditional order is granted administratively. You don’t need to attend any hearing.

What if my circumstances have changed?

When applying for the conditional order, you’ll be asked if the information in your original application is still correct. If anything has changed (address, for example), you can note this.

Can my spouse stop the divorce at this stage?

Under no-fault divorce, one spouse cannot stop the other from divorcing them simply because they don’t want to. Your spouse can only raise very limited objections, such as:

• The court doesn’t have jurisdiction
• The marriage isn’t legally valid
• There’s an error in the application

These defences are rare and usually unsuccessful.

After the conditional order

Once you have your conditional order:

1. Wait 6 weeks and 1 day – the mandatory period before you can apply for the final order

2. Check your financial position – consider whether to finalise the divorce now or wait until finances are agreed

3. Apply for the final order when ready – this is the final step to legally end your marriage