What does a Conditional Order look like? (UK 2026, formerly Decree Nisi)

Marriage represents a legally binding union between two individuals, encompassing both personal commitment and legal obligations. When couples decide to end their marriage, they must navigate a formal legal process that involves several crucial documents and court orders. One of the most significant documents in divorce proceedings is the  Conditional Order (formerly Decree Nisi), which marks a pivotal step toward the dissolution of marriage. Given the complexity of divorce proceedings and their significant legal implications, it is strongly recommended to seek professional legal counsel to understand your rights and obligations.

Thinking of filing for divorce? Understand the entire process, including the Conditional Order (formerly Decree Nisi), to ensure a smooth journey. Read on to avoid pitfalls!

Divorce Decree: The main steps

Marriage, being a legal arrangement, must meet legal requirements as set by law. Similarly, dissolving a marriage also requires following a legally prescribed process where either partner can initiate separation or divorce.

The following are the steps that married partners must follow to obtain a Conditional Order in England and Wales:

Filing for divorce

To file for divorce, either spouse can apply alone (sole application) or both can apply together (joint application) using the online divorce service on gov.uk. The court fee in 2026 is £612, payable to HM Courts and Tribunals Service. You will need the original marriage certificate or a certified copy. If you are on a low income or certain benefits, you may qualify for fee remission via the Help with Fees scheme (form EX160).

Serving the divorce papers

After receiving the divorce petition, the Court issues a copy of the divorce papers to the respondent. This process is called the service of divorce papers. Generally, the Court requires the respondent to acknowledge receipt to begin the proceedings. If the respondent is missing, a separate application must be filed for the dissolution of the marriage.

Applying for a Conditional Order

Important: the five “facts” that used to underpin divorce (adultery, unreasonable behaviour, desertion, 2 years’ separation with consent, 5 years’ separation) were abolished on 6 April 2022 by the Divorce, Dissolution and Separation Act 2020. Under the current no-fault regime, the only ground for divorce is the irretrievable breakdown of the marriage. No facts need to be proved or pleaded. The applicant simply confirms on the application that the marriage has broken down irretrievably. A joint application cannot be contested. A sole application can only be contested on very narrow grounds: jurisdiction, the validity of the marriage, or fraud.

After the divorce application is issued, there is a mandatory 20-week reflection period before the applicant can apply for the Conditional Order (formerly the Decree Nisi). After the Conditional Order is pronounced, a further 6 weeks and 1 day must pass before the applicant can apply for the Final Order (formerly the Decree Absolute), which legally ends the marriage.

What is a Conditional Order?

The Conditional Order (formerly the Decree Nisi) is the middle stage of the no-fault divorce process introduced on 6 April 2022. Once the court has received your application and the 20-week reflection period has elapsed, the applicant can apply for the Conditional Order. The court reviews the paperwork and, if satisfied that the legal requirements are met, issues a certificate of entitlement confirming the date on which the Conditional Order will be pronounced in open court. Neither party needs to attend.

The Conditional Order confirms that the court sees no reason why the divorce cannot proceed, but the marriage is not yet legally dissolved. You must wait a further 6 weeks and 1 day (43 days) before applying for the Final Order (formerly the Decree Absolute), which is the document that legally ends the marriage.

How to apply for a Conditional Order online?

The Conditional Order application is the second stage of the no-fault divorce process. To apply online:

1. Check your eligibility. You must have been married for at least one year and confirm that the marriage has broken down irretrievably. Either you or your spouse must be domiciled in England or Wales, or habitually resident here for at least 12 months (or 6 months if domiciled).
2. Prepare your documents. Gather your original marriage certificate or a certified copy, and any proof of name change.
3. File the divorce application. Submit the application on the gov.uk online divorce service. The court fee is £612.
4. 20-week reflection period. Once the court issues your application, the 20-week reflection period begins. In a sole application, your spouse has 14 days to acknowledge receipt. In a joint application, no service is required.
5. Apply for the Conditional Order. After 20 weeks have passed from the date your application was issued, log back into your online account and apply for the Conditional Order. You will need to confirm that the contents of your application remain accurate.
6. Court review and pronouncement. A judge reviews the application and, if satisfied, sets a date for the Conditional Order to be pronounced in open court. Neither party needs to attend.
7. 6 weeks and 1 day wait. After the Conditional Order is pronounced, you must wait 6 weeks and 1 day before applying for the Final Order.
8. Apply for the Final Order. Submit the Final Order application online. Once granted, your divorce is final.

What happens after the Conditional Order?

Once the Conditional Order has been pronounced, there is a waiting period of 6 weeks and 1 day (43 days) before the applicant can apply for the Final Order. The marriage is not legally ended until the Final Order is granted. Most couples use this period to finalise their financial arrangements through a Consent Order, since applying for the Final Order before financial matters are resolved can affect rights to pensions, property, and spousal maintenance. If the sole applicant does not apply for the Final Order, the respondent can apply themselves 3 months after the earliest date on which the applicant could have done so.

What does a Conditional Order look like?

A Conditional Order is a court-issued document containing:

• Full name of the applicant (or both applicants in a joint application) as on the marriage certificate.
• Full name of the respondent as on the marriage certificate.
• Date of pronouncement of the Conditional Order.
• Confirmation that the marriage has irretrievably broken down (no specific facts are stated, since none are required under the no-fault system).
• Date of marriage.
• Place of marriage, including city and country.
• Statement confirming the conditional nature of the order.

The Conditional Order is clearly marked “This is not the Final Order. The marriage has not yet been ended.” It states the earliest date on which the applicant can apply for the Final Order: 6 weeks and 1 day after the Conditional Order date.

Do I need a lawyer?

While it is not mandatory to have a lawyer to apply for a Conditional Order, having legal representation can be beneficial. Here are some reasons why you might consider hiring a lawyer:

• Ensure accuracy: A lawyer can help ensure that all documents are correctly filled out and submitted on time.
• Provide legal advice: They can provide advice on your legal rights and obligations during the divorce process.
• Handle complex matters: Legal representation is particularly useful in cases involving disputes over assets, children, or other complex issues.
• Avoid mistakes: Mistakes in the application process can lead to delays or complications, which a lawyer can help prevent.
• Support during negotiations: If there are negotiations over finances or childcare, a lawyer can help represent your best interests.

If you are unsure about any aspect of the divorce process, consulting with a lawyer is highly recommended.

FAQs

1. What is the difference between a Conditional Order and a Final Order? The Conditional Order (formerly Decree Nisi) is a provisional order confirming the court sees no reason why the divorce cannot proceed. The Final Order (formerly Decree Absolute) is the order that legally ends the marriage.
2. Is a Conditional Order the same as a Decree Nisi? Yes. The Decree Nisi was renamed the Conditional Order on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020. The legal effect is the same.
3. Does a Conditional Order expire? No, but if more than 12 months pass between the Conditional Order and applying for the Final Order, the applicant must explain the delay to the court.
4. Is a Conditional Order proof of divorce? No. You are still legally married after the Conditional Order. The divorce is only complete when the Final Order is granted.
5. Can my spouse stop the divorce? Under no-fault divorce, the substantive divorce cannot be contested. A sole application can only be disputed on very narrow grounds: jurisdiction, validity of the marriage, or fraud. A joint application cannot be disputed.

Obtaining a Conditional Order is a crucial step in the divorce process. While you can apply online, seeking professional legal guidance is highly recommended to avoid costly mistakes and ensure a smooth progression towards your Decree Absolute and final divorce settlement.

Need help with your Conditional Order application?

Qredible can connect you with experienced divorce solicitors who specialise in handling divorce proceedings.

KEY TAKEAWAYS:

• The Conditional Order (formerly Decree Nisi) is the middle stage of divorce proceedings in England and Wales. The court fee for the divorce application is £612.
• Since 6 April 2022, the only ground for divorce is the irretrievable breakdown of the marriage. The five old “facts” (adultery, unreasonable behaviour, desertion, 2-year and 5-year separation) have been abolished.
• There is a mandatory 20-week reflection period from the date the application is issued before the Conditional Order can be applied for, and a further 6 weeks and 1 day before the Final Order can be applied for.
• The Conditional Order is not proof of divorce. The marriage only ends when the Final Order is granted.
• Online applications are straightforward, but legal advice is strongly recommended for financial settlements via a Consent Order.