What is a Conditional Order in a Divorce?

If you have reached the conditional order stage in the divorce process, you are well on your way towards ending your marriage, and it helps to know exactly what this step means. A conditional order is a court document confirming that a judge is satisfied you are entitled to a divorce. It was formerly called the decree nisi. The conditional order does not end the marriage; it is the penultimate step. Under the Divorce, Dissolution and Separation Act 2020, you cannot apply for it until at least 20 weeks have passed from the start of proceedings. At least six further weeks must pass before the applicant in the divorce can apply for the final order which legally dissolves the marriage. The Final Order does not have to be applied for after six weeks and it is recommended you take legal advice as to the timing of an application for a conditional and final order at the outset, in particular if financial matters are unresolved.

Solicitor reviewing a conditional order document during the divorce process in England and Wales, with a calendar symbolising the waiting period

Last reviewed: 21st July 2026

Article summary

✓ A conditional order, formerly the decree nisi, is the court’s confirmation that the applicant is entitled to a divorce under the Divorce, Dissolution and Separation Act 2020.

✓ It cannot be applied for until at least 20 weeks after the divorce application is issued, a waiting period built into the legislation.

✓ The conditional order confirms the entitlement to divorce but does not end the marriage; only the final order does.

✓ After the conditional order is made, a minimum of six weeks and one day must pass before either party can apply for the final order. There is no maximum time before you must apply for the final order but if more than 12 months has elapsed you have to apply for permission from the Court to grant “out of time” and explain to the Court the reasons for the delay (typical reasons can be the resolution of financial matters).

Introduction

A conditional order is a feature of the no-fault divorce process in which one or both spouses confirm the marriage has broken down irretrievably, and the court accepts that statement without requiring anyone to prove blame.

Before 6th April 2022, the equivalent document was the decree nisi, under the old fault-based system. The Divorce, Dissolution and Separation Act 2020 renamed and restructured the process.

What does the 20-week wait mean in practice?

The 20-week period runs from the date the court issues the divorce application, not from the date you file it. A judge or court officer must first check and accept the application, and only then does the clock start. The 20 week period can only be shortened in extremely limited and exceptional circumstances and by Order of the Court only.  The purpose of the 20 week period is to give both parties a period of reflection before the court takes the next formal step.

Once 20 weeks have passed, the applicant (or both applicants in a joint case) must actively file an application for a conditional order confirming that they wish to continue with the application and the details remain correct before the court considers this. The conditional order is not made automatically. Some couples miss this and find the process stalls simply because no one has submitted the statement. Some people may not want to apply straight away (if for example there are concerns the other person may then seek to apply for the final order before the applicant wishes to).  A solicitor quietly keeps that step on the timetable and can advise in relation to any tactical reasons for delay and/or protective measures, so you have one less thing to worry about.

What does the conditional order confirm?

The conditional order confirms that the court is satisfied that the marriage has broken down irretrievably and that the applicant is legally entitled to a divorce. As amended by the Divorce, Dissolution and Separation Act 2020, the Matrimonial Causes Act 1973 now provides that the court must take the statement of irretrievable breakdown to be conclusive evidence that the marriage has broken down irretrievably and make a divorce order.

What the conditional order does not do is equally important. The marriage continues to exist after it is made. Both spouses remain legally married. Neither can remarry. In most cases, a financial settlement should be agreed and approved by the court before applying for the final order. Ending the marriage prematurely can affect pension entitlements and inheritance rights, which is why the gap between the two orders matters.

Can the conditional order be delayed or rescinded?

A conditional order can be delayed at either party’s request, usually to allow more time to resolve finances. Where one party has serious concerns about the process, there are limited grounds on which the order can be challenged, such as a question about the court’s jurisdiction or the validity of the marriage itself. A spouse can no longer simply refuse a divorce on the basis that they do not want one. Since 6th April 2022, the court has treated the statement of irretrievable breakdown as conclusive.

If the divorce application is withdrawn before the conditional order is made, the process stops. After the conditional order, withdrawal becomes more complex. Any decision to pause or halt proceedings should be taken with legal advice, particularly where finances are in progress, since the timing of the conditional order can interact with a divorce financial settlement in ways that are not always obvious.

Talk to Purcell Solicitors

If you are at or approaching the conditional order stage and want to understand what comes next, the family team at Purcell Solicitors will gently walk you through the timetable, the financial considerations and how to keep the process moving, at a pace that suits you. Speak to the team through the contact page or call +44 (0)1908 693000.

Last reviewed: June 2026

Frequently Asked Questions

Is the conditional order the same as being divorced?

No, the conditional order is not the same as being divorced. The conditional order confirms that the applicant is entitled to a divorce, but the marriage continues until the final order is made. A minimum of six weeks and one day must pass after the conditional order before the applicant can apply for the final order (a longer period applies to the respondent to a divorce). Only the final order legally ends the marriage.

Can I remarry after the conditional order is made?

No, remarriage is not possible until the final order has been made. The conditional order leaves the marriage legally intact. Attempting to marry while a previous marriage is still in existence is a criminal offence. Both parties must wait until the final order before either can enter a new legal marriage or civil partnership.

Should finances be resolved before the conditional order?

No rule prevents the conditional order from being made and a Conditional Order is required before the Court can approve and finalise a financial settlement by way of an Order.  However, most solicitors advise having a financial agreement in place before applying for the final order rather than the conditional order and it is common to seek to agree with the other person not to apply for the final order until financial matters are resolved prior to making the application for a conditional order. The timing matters because certain pension and inheritance rights or land registry protection abilities change once the marriage ends at the final order stage. Purcell Solicitors can advise on the right sequence for your circumstances regarding financial issues in divorce.