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Has it always been known as the final order of divorce?
This final divorce order was previously known as a decree absolute. With the Divorce, Dissolution and Separation Act 2020, which also saw the introduction of no-fault divorce in England and Wales, the terminology was updated to make this final step clearer for all parties.
Along with the final divorce order, the other key court order made during divorce proceedings is the conditional order, which was formerly known as the decree nisi. The conditional order is confirmation from the court that it sees no reason why the marriage cannot be dissolved. This order is needed before the final order of divorce can be issued.
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Who can apply for the final order of divorce?
This will largely depend on who has applied for the divorce. Under the new laws, a divorce can be started on a sole or joint basis. If started on a sole basis, it is usual that only the person who applied for the divorce would initially be able to apply for the final order of divorce. If a long time has passed since the person who applied could have applied for the final order, but has not done so, the other person may be able to try and apply for it themselves.
If the application was done on a joint basis, then initially it would require both people to agree that they wish to apply for the final order. If one person does not agree, the other could try to make the application themselves, however, they need to ensure sufficient and proper legal notice is provided.
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How long does a final order take once applied for?
When the applicant sends the final order application to the court, the court should process and pronounce it the same day, though it can take 2-3 weeks for you to receive the legal document that will dissolve your marriage. Spouses are only legally divorced once the final order has been pronounced.
If more than a year has passed since the pronouncement of the conditional order, the application is slightly more complicated.
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How much does a final order application cost?
In most cases, there is no additional cost for applying for a final order itself if you have already paid the initial divorce application fee. Currently, the fee for filing for divorce in England and Wales is £612, which covers the entire process from the initial application to the final divorce order. This fee applies whether you are applying for the divorce as a sole applicant or jointly with your spouse.
However, additional divorce costs may be incurred if you require legal advice or representation during the process, especially if there are disputes over:
- Finances
- Children
- Other matters
Legal fees can vary significantly depending on the complexity of your case, the solicitor’s rates, and the duration of the proceedings.
Can you stop a final order?
Once the final order has been granted, the divorce is final and cannot be stopped. You can try to halt the process prior to this. For example, you can pause proceedings before the conditional order. However, if you want to stop it after the conditional order stage, you should take legal advice urgently on what you can do.
Solicitor’s tip: If you and your spouse get back together after the final order is granted, your relationship won’t be recognised as a marriage.
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Why would an applicant want to delay their final order application?
There are several reasons why the applicant might want to delay applying for a final order:
- Outstanding financial agreements: If discussions around assets and how they will be divided after divorce are ongoing, it can mean the applicant is unwilling to finalise the divorce until everything is settled. This is to ensure the consent order process isn’t rushed.
- The couple needs a religious divorce before they can arrange a civil divorce: If the parties also want a religious divorce that requires cooperation to obtain, for example, a get among Jewish couples, then it is possible to ask the court to order that the final order cannot be pronounced until both parties have declared that they have taken the necessary steps to obtain such a religious divorce.
- One spouse dies before the divorce proceedings are finalised: If a party dies unexpectedly and the final divorce order has been pronounced but there is no financial remedy order in place, benefits may be lost. Examples of these benefits include a state widow/widower’s pension and bereavement allowance, as well as death benefits to be paid to a widow or widower.
What one of our expert solicitors says
Andrew Campbell, Associate at our Bicester family law office, says:
“Avoiding applying for the final order until financial arrangements are settled by way of a Court Order can, in most cases, be very helpful. You can often be in a stronger position remaining married whilst the financial arrangements are being resolved.
“Refusing the apply to apply for the Final Order before financial arrangements are settled could also help resolve them. It may be that a spouse is refusing to engage or consider the finances. If the other spouse is the one who started the proceedings, they could indicate that they are not going to finalise the divorce until the other engages and resolves the finances. This could be a good incentive to help address financial issues.”
How long after the conditional order is a divorce final?
Once the court has issued a conditional order, you will need to wait 6 weeks and 1 day before applying for the final order. When this is granted, your divorce is final.
You are expected to apply for the final order within 12 months. If delays in the process mean that the 12 months expires, the court will request an additional statement that details the reasons for the prolonged process. This is usually in the form of a written statement, and the couple will need to confirm that they have not lived together or that a child has not been born to them in the intervening period.
Failing to apply for a final divorce order within the specified time frame can complicate the divorce process and, if financial arrangements are not yet finalised, delaying this application could leave you at a disadvantage.
However, in some cases, there may be a rush to obtain the final order – for example, if a party has an urgent need to remarry due to the imminent arrival of a new baby. In exceptional circumstances, it may be possible to shorten the mandatory six weeks between the conditional order and final order. However, this is extremely rare and should not be relied upon as a guaranteed option.
How do I get a final order?
To apply for a final order, a D36 form must be completed, including:
- The name of the court
- Your case number
- The name of the applicant(s)
- The respondent’s name
The application form then needs to be lodged with the court. When the application is approved, you will be issued your final order.
Solicitor’s tip: If you applied online, you don’t need a paper D36 form. You simply log into the divorce portal 6 weeks and 1 day after your conditional order and apply for the final order. The court usually grants this digitally within 24-48 hours. You will get an email reminder.
How do I get a replacement copy of my final order?
You can get a replacement final order by contacting the court that issued the original. The copy of your final order will cost £11 if you can provide your case number or £45 if you can’t.
A copy of your final order can be requested via email or post, which must include your name, the case number, your address and how you would like to pay. A cheque or postal order must be payable to HM Courts & Tribunals Service. You can also pay by card, in which case you will need to provide a phone number in your letter or email, for the courts to call you on.
In the event that you don’t know which court issued the original, the fee will be £65 for a search of the Central Index, and you will need to fill in form D440 and send it to the address on the form.
How does a final order of divorce for ex-pats work?
If you were married in the UK but chose to get divorced overseas a year or more after leaving the UK, you will receive that country’s equivalent of a final order, but you should still update UK authorities when your divorce has been granted.
Do I need to make a Will for my final order?
It is important in any event that a Will is prepared so that decisions are in place for how the estate will be left. A Will is not revoked in divorce, so it is very important that divorcing couples change their wills.
What happens if I want to remarry?
Once the final order has been granted, you are free to marry again. However, our experts recommend not remarrying until you have your consent order from the courts and have waited for 28 more days. This leaves time for any appeals and services of said appeal to pass.
If a divorced person later wishes to remarry, a photocopy of the final order will not suffice. A sealed, true version of the final order must be produced as evidence that a divorced person is legally free to remarry.
It is possible to be divorced and remarry without the finances having first been resolved, but that person’s entitlement to a financial settlement may be lost. This is often known as the ‘remarriage trap’. It is therefore very important to take legal advice if you are considering remarrying.
At Stowe, we have lawyers who are experts in the final order of divorce and can help guide you through the process. Get in contact with our team today to see how we can help you.
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