Final order

What is the final order?

The final order (formerly called “decree absolute”) is the court document that legally ends your marriage. Once you have a final order, you are divorced.

Before April 2022, this document was called the decree absolute. If your divorce started before that date, you may still see this older terminology.

When can you apply?

You can apply for a final order 6 weeks and 1 day (43 days) after your conditional order was granted.

For example:

• Conditional order granted: 1 May
• Earliest date to apply: 13 June

The court will tell you the exact date when you receive your conditional order.

How to apply

If you applied online

Log into your divorce account on GOV.UK. You’ll see an option to apply for the final order once you’re eligible. It’s a simple online process.

If you applied by post

Complete Form D36 – Application for a Final Order. Send it to the court handling your case.

Joint applications

Either applicant can apply. If only one applies, the other has 14 days to confirm they also want the divorce finalised. If both want the divorce, it proceeds.

Sole applications

You (the applicant) apply for the final order. Your spouse will be notified but doesn’t need to take any action.

What happens after you apply

The court processes your application. Assuming everything is in order, the final order is usually granted within 24-48 hours.

You’ll receive:

• A copy of the final order
• Confirmation that your marriage has ended

Keep this document safe. You’ll need it as proof of divorce, including if you want to remarry.

Should you delay the final order?

This is an important decision. While you can apply as soon as you’re eligible, many solicitors advise waiting until your financial settlement is agreed and formalised.

Reasons to wait

Pension protection: If you die after the final order but before a financial order, your spouse may lose pension rights they would otherwise have had. A widow’s pension or death-in-service benefit may disappear.

Remarriage risk: If your spouse remarries before your financial settlement, this can affect what you receive (though claims don’t disappear entirely).

Cleaner conclusion: Finalising divorce and finances together means one clear ending, not two separate processes.

Leverage: Once divorced, there’s slightly less incentive for a reluctant spouse to negotiate.

Reasons not to wait

Personal closure: You may want to be legally single as soon as possible.

Remarriage plans: You can’t remarry until you have the final order.

Confidence in settlement: If your financial agreement is essentially agreed (even if not yet submitted to court), the risk may be low.

If you don’t apply

There’s no deadline forcing you to apply for the final order. However:

For joint applications

If neither applicant applies for 12 months after becoming eligible, the court may close the case. You’d need to explain why you still want the divorce to reopen it.

For sole applications

If you (the applicant) don’t apply within 3 months of becoming eligible, your spouse can apply instead. They’d need to give you notice and explain why they’re applying.

This sometimes happens when one spouse is dragging their feet. The respondent can force the divorce through if the applicant won’t act.

What the final order means

Once you have a final order:

You are legally divorced. Your marriage has ended in law.

You can remarry. You’re free to marry again (or enter a civil partnership).

Your existing will: Remains valid, but any gift to your ex-spouse is treated as if they had died before you. They also lose the right to act as executor.

Financial claims: Don’t automatically end. You can still bring financial claims against each other unless you have a financial order (consent order or court order) dismissing claims.

Pensions: Your ex-spouse is no longer automatically entitled to benefits under your pension on your death, but this depends on your specific scheme rules.

After the final order

Once divorced, consider:

Update your will. Your existing will may no longer reflect your wishes. Make a new one.

Review pension nominations. Check who benefits from your pension if you die.

Change your name (if you want to revert to a previous name). You can use the final order as evidence for this.

Notify relevant organisations: HMRC, banks, employers, DVLA, etc.

Finalise finances: If you haven’t already, submit your consent order or continue with financial remedy proceedings.

What if I want to stop the divorce?

Before the final order, you can apply to have the conditional order set aside if you’ve reconciled. This requires an application and explanation.

After the final order, it’s extremely difficult to undo a divorce. You’d need to show the court that there was a serious procedural problem. If you’ve simply changed your mind, that’s not enough.

Common questions

Is there a fee for the final order?

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

Do I need to go to court?

No. The final order is granted administratively. You don’t need to attend.

How do I prove I’m divorced?

Your final order certificate is your proof of divorce. Keep it safe – you’ll need it for official purposes like remarrying or updating documents.

Can my spouse stop the final order?

Generally, no. If you’ve got this far and meet the legal requirements, your spouse cannot prevent the divorce being finalised. They can only object on very limited technical grounds.

What if I lose my final order?

You can apply to the court for a certified copy. There’s a small fee.