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What Is A Conditional Order In Divorce

on April 25, 2023 Comments Off on What Is A Conditional Order In Divorce

A conditional order confirms that you are entitled to a divorce, in the eyes of English/Welsh law. The conditional order comes in the middle stage of the divorce process. Below we go into more detail about the divorce process and how a conditional order comes into play.

Step one: Apply for the divorce

To apply for a divorce you need to either submit a joint or sole application. This will be checked by the court, and if they are satisfied, your divorce application will be issued. Once issued the 20-week reflection period will begin. If you have applied for the divorce solely, a copy of your divorce will be sent to your ex. 

Step two: 20-week ‘cooling off’

You must wait 20 weeks before the process can progress any further. This period is built into the divorce process to give couples a chance to adjust to the news, it also gives time to make any arrangements financially or related to children.

Step three: Apply for the conditional order

After the 20-week cooling-off period, if you have applied jointly/your partner has responded, you are able to apply for the conditional order. This is the middle stage of the divorce process.

Step four: The conditional order is granted

The court will review your conditional order, and if the court is happy with all the information you have provided, you will then be issued a ‘certificate of entitlement’ – this means you are entitled to a divorce. This ‘certificate of entitlement’ will state the date that your conditional order is to be announced in court. Once it has been announced in court by a judge, the 6-week waiting period begins.

Step five: Apply for a final order

Once the 6-waiting period as passed, you are then able to apply for your final order (this used to be known as the decree absolute). This is the final stage of the process. Once the final order is granted you will be sent a final order certificate, which confirms that you are now divorced and free to re-marry.

Need Help With The Divorce Process?

The team of expert divorce lawyers at Fitz can guide you through the divorce process, supporting you every step of the way. Get in touch to find out more.

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