A plain-English explanation of what a conditional order is, when you can apply for one, and what it means for your divorce.
The conditional order is the court's formal confirmation that there is no legal reason preventing your divorce from going ahead. It is the middle stage of the no-fault divorce process introduced by the Divorce, Dissolution and Separation Act 2020. It does not end your marriage — that happens later, when the final order is granted. You apply for it through MyHMCTS once at least 20 weeks have passed since your divorce application was issued.
The conditional order replaced what used to be called the decree nisi when no-fault divorce came into force in April 2022. Under the previous system, the court had to be satisfied that one of the legal facts supporting the divorce had been established before granting a decree nisi. Under the current law, the process is designed to be straightforward and, in most cases, handled on the papers — you do not attend court.
The 20-week waiting period before you can apply for the conditional order is a deliberate feature of the Divorce, Dissolution and Separation Act 2020. It gives both parties time to reflect on the decision, and time to start working through financial arrangements and child arrangements before the divorce itself is finalised.
You can apply for the conditional order once two conditions are met:
This is set out in Part 7 of the Family Procedure Rules 2010, which governs the timing and procedure for conditional order applications.
You do not need to wait exactly 20 weeks — the 20-week period is the minimum. Some people wait longer, particularly if they are still working through financial negotiations.
The application is made online through MyHMCTS. When you log into your case, you will see the option to apply for the conditional order once the 20-week period has passed and the acknowledgement of service is on record.
The process differs slightly depending on whether you filed a sole application or a joint application:
Sole application:
Joint application:
Once submitted, the application is reviewed by a legal adviser at the court. In straightforward cases this is done on the papers — neither party is required to attend a hearing.
The court reviews your application. If everything is in order, it issues a certificate of entitlement to a conditional order. The court will notify you of the date and time the conditional order will be pronounced. In most cases this happens without you needing to do anything further.
If the legal adviser has a query or identifies a problem with the application, they can ask for more information or, in some cases, list the matter before a judge. This is uncommon in straightforward cases.
Once the conditional order has been granted, you are still married. The conditional order is not the document that ends the marriage.
No. The conditional order confirms the court has no legal objection to the divorce proceeding. Your marriage ends only when the final order is granted.
You can apply for the final order no earlier than six weeks and one day after the conditional order is made. This is set out in GOV.UK guidance on applying for a final order. You also have 12 months from the date the conditional order is granted to apply for the final order before the application becomes overdue and you need to provide reasons for the delay.
It is common for parties who are resolving financial matters to delay applying for the final order until those matters have been concluded. Read the financial remedy guide for a full explanation of how the financial remedy process works and how it sits alongside the divorce timeline.
If you made a joint application and your spouse does not complete their part of the conditional order application within 14 days, MyHMCTS will notify you and give you the option to switch to a sole application. Switching means your spouse becomes the respondent for the remainder of the proceedings and will be notified of the change. You cannot switch back to a joint application once you have made this change.
If you made a sole application from the start, your spouse's non-engagement does not prevent you from applying for the conditional order, provided service has been confirmed by the court.
Yes, in limited circumstances. A legal adviser can refuse to certify the conditional order if there is a legal problem with the application — for example, if the court does not have jurisdiction, if the marriage is not recognised in England and Wales, or if there are procedural defects or deficiencies in the application.
If your application is refused, MyHMCTS will notify you and set out what needs to be addressed. In most cases, refusals are administrative rather than substantive, and can be resolved by providing additional information or correcting an error. If the refusal requires the matter to go before a judge, the case will be listed for a hearing.
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Does the conditional order mean I am divorced?
No. The conditional order is the court confirming it has no legal reason to prevent the divorce going ahead. Your marriage does not end until the final order is granted, which can be applied for no sooner than six weeks and one day after the conditional order.
How long does it take to get the conditional order after applying?
Processing times vary depending on court workload. Once you apply through MyHMCTS, a legal adviser reviews the papers. In straightforward cases this can take a few weeks, but backlogs at the court and tribunal service centre can extend this. MyHMCTS will notify you once a decision is made.
Can I apply for the conditional order if my spouse has not responded?
In a sole application, yes — provided the court has confirmed that service has been effected through another route, such as a certificate of service or a deemed service order. Confirmation of service is required before the application can proceed.
Do I have to attend court for the conditional order?
In most cases, no. The conditional order is dealt with on the papers by a legal adviser. You will receive notification from MyHMCTS once the decision is made. A hearing is only required if there is a problem with the application that cannot be resolved administratively.
What is the difference between the conditional order and the old decree nisi?
They serve the same function — both are the court's confirmation that the divorce can proceed. The conditional order replaced the decree nisi when no-fault divorce came into force in April 2022 under the Divorce, Dissolution and Separation Act 2020. Under the old system, the court had to be satisfied one of several legal facts supporting the divorce had been established. Now, irretrievable breakdown is established by the applicant's statement alone.
Should I apply for the final order straight away after the conditional order?
It's common for parties to wait until financial matters have been resolved before applying for the final order. Once the final order is granted, several legal consequences follow that can affect financial claims: pension entitlements tied to the marriage end, widow's or widower's rights cease, inheritance rights on intestacy change, and some financial claims between spouses may become harder to pursue. These are the reasons parties and their advisers often consider timing carefully.
This article provides legal information about the conditional order in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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