What is a Final Order in a Divorce?

A Final Order is an important step in the legal process that formally ends a marriage as it officially dissolves the marital relationship. The following article explains more about the stages leading up to and beyond the Final Order.

There are three significant steps that take place in the divorce process. These are filing a divorce application and initiating the process by submitting a joint or sole application to the court. There is then the Conditional Order (formerly known as the Decree Nisi) which is a provisional order showing that the court sees no reason the marriage cannot legally end. The Final Order (formerly Decree Absolute) is the final legal step, officially ending the marriage.

The Conditional Order confirms that the court agrees the marriage can end but it does not finalise the divorce. This is done by the Final Order, and official document that ends the marriage. One the Final Order has been issued, both parties are legally recognised as divorced. Without the Final Order, the marriage remains legally intact, despite the Conditional Order being granted.

You can apply for a Final Order six weeks and one day after the Conditional Order is granted. However, some people choose to delay this application. The main reason for delaying the Final Order is to finalise a financial settlement first. This is done to ensure that shared assets, such as pensions or property, are protected before the marriage officially ends. Some people maty also choose to delay applying for the Final Order for personal or emotional reasons.

To apply for a Final Order, you submit an application via the online portal or by completing the relevant paper forms. You then wait for confirmation from the court, which will review the application to ensure all legal criteria are met. If the divorce was initiated jointly, both parties can apply. In sole applications, only the applicant can proceed, but the respondent may also apply after a delay of three months.

Once the application for a Final Order is submitted, the court will then process it. In straightforward cases, the Final Order can be issued relatively quickly. Delays may occur if the court requires additional information or if either party contests any aspect of the application.

After the Final Order is issued, the marriage is legally dissolved. Both parties are free to remarry or enter into a new civil partnership. It is also a time to finalise any outstanding matters, such as financial settlements or child arrangements. Please be aware that the Final Order does not automatically settle financial claims, which must be resolved through a separate court order, such as a consent order or financial remedy order.

A Decree Absolute was the term used for the final stage of divorce under the old legal framework. Since April 2022, with the introduction of no-fault divorce, the term was replaced by Final Order. While the terminology has changed, the purpose remains the same: to legally end the marriage.

The Final Order concludes the divorce process but additional legal matters may need addressing. You need to ensure a financial order is in place to formalise agreements about property, pensions, and other assets. Without it, claims can be made even years after divorce. Child Arrangements also need to be discussed and agreed. Update wills, life insurance policies, and other documents to reflect your changed marital status.

Obtaining a Final Order is a pivotal step in the divorce process, marking the legal end of a marriage. However, it is not the final word in resolving financial and family-related matters. Engaging a specialist family law solicitor ensures that your rights are protected and all aspects of your separation and divorce are handled comprehensively. Professional guidance will help you secure a financially stable and legally sound future as you move forward.

As leading family lawyers in Milton Keynes, we are experienced at helping our clients during divorce. Contact us to get the advice you need to move forward with confidence. In addition to our head office in Milton Keynes, we also have divorce lawyers in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.