Conditional Orders

A conditional order is granted at the mid-stage of the divorce process, essentially confirming that you and your spouse are entitled to get divorced under English and Welsh law. Whilst the introduction of no-fault divorce has meant that it is generally no longer possible to contest a divorce application, there is still a rigid procedure to follow.

Our solicitors can assist you with every aspect of your divorce, including providing guidance related to conditional orders. Our service includes expert advice regarding your initial divorce application, ensuring that nothing is left out and that the application includes every detail required.

Our staff treat every client with the empathy and respect that they deserve, as we understand how taxing divorce proceedings can be. We will always prioritise your well-being, handling all the legal aspects of your case where possible, so you can focus on moving on with your life.

Our team also follow the Resolution Code of Practice and Family Law Protocol.

Contact our Conditional Order solicitors

To speak with our team of expert solicitors, you can call one of our offices on 0330 404 5878 or email us at [email protected]. We also have an easy-to-use contact form where you can request a call-back. Our professional team of conditional order solicitors will ensure that any questions you may have regarding this topic are answered.

How can we help?

At Family Law Partners, our team of expert and dedicated solicitors have guided many different clients through divorce proceedings over the years, providing high-quality legal advice that is tailored to each situation. We know that many aspects of this process can feel confusing and overwhelming, so we are there to support you and inform you of your legal rights, as well as the best options available to you.

When it comes to conditional orders in divorce, our team will make sure to discuss your case in detail with you to get a deep understanding of which issues you are facing, whilst working in tandem with you to find the best possible solution. When it comes to conditional orders, we will handle all the legal aspects of this process on your behalf, whilst keeping you fully informed of any updates to your case.

As a firm, we believe that these matters work best when contention is kept to a minimum, so we do our best to create an amicable environment between you and your spouse or ex-spouse.

Our conditional orders services

Our conditional order services include:

• General legal advice regarding your divorce
• Drafting of the conditional order application as well as submitting it to the court
• Review and amendments – before submitting, our solicitors will meticulously review the document with you

Frequently asked questions

What is a conditional order?

A conditional order is a legal document issued during divorce proceedings, representing the mid-way point of the divorce. Once a divorce application has been submitted and acknowledged by the other party, you must then apply for a conditional order, which can only be applied for a minimum of 20 weeks from the date that the initial divorce application was issued.

Following this, the court will then review the application. If they are satisfied that all of the criteria have been met, you will then be granted a certificate of entitlement to the conditional order, and a date for a hearing of pronouncement will be agreed upon. The reviewing process may take several weeks, depending on how busy the court is. The conditional order will then be pronounced within the hearing. It is important to note that should you wish to object to any orders you must be present at the hearing.

How do you apply for a conditional order?

Before applying for a conditional order, either of the partners must have submitted a divorce application, which can be done online. This application can be made jointly, or one partner can complete it individually. If one spouse decides to make the application individually, the court will then send a copy to the other spouse who will then have 14 days to respond with an ‘acknowledgement of service’.

After 20 weeks, you will then be able to apply for a conditional order. When doing so it is highly recommended to have the full support of an experienced solicitor as there are requirements that will need to be met to prevent any delays.

What is the difference between a decree nisi and a conditional order?

A ‘decree nisi’ and a ‘conditional order’ essentially mean the same thing. However, the term conditional order replaced decree nisi as of April 1^st, 2022, when no-fault divorce was introduced as part of reforms to the divorce process within the UK. Similarly to how the decree nisi worked, you will still be legally married after a conditional order has been issued, as its purpose is to formally confirm that you are entitled to divorce your partner.

What happens after a conditional order is accepted?

After the conditional order is granted, you will then need to wait for at least six weeks before you will be able to apply for a final order. This is also an opportunity for the parties to file a consent order, which will outline how their shared finances and assets will be divided following their divorce.

Can you change your mind after a conditional order is granted?

Yes, you can change your mind after a conditional order is granted. The six-week waiting period is partially in place to account for parties who want to change their mind before applying for a final order.

Contact our conditional order solicitors

To speak with our team of expert solicitors, you can call one of our offices on 0330 404 5878 or email us at [email protected]. We also have an easy-to-use contact form where you can request a call-back. Our professional team of conditional order solicitors will ensure that any questions you may have regarding this topic are answered.