When going through a divorce, an understanding the timeline for obtaining a Final Order is essential. The divorce process in England and Wales follows specific legal steps, and the time required to finalise everything depends on various factors, including whether the application is made solely or jointly and if it is made solely, who filed the application. Knowing how long the process takes can help individuals plan for the future and avoid unnecessary delays.
Understanding the Final Order
A Final Order is the legal document that officially ends a marriage or civil partnership. Before April 2022, this was known as the Decree Absolute. The Final Order confirms that the divorce is complete and that both parties are no longer legally married. Once this Order is issued, both individuals are free to remarry or enter into a new civil partnership.
To reach this stage, an application for a Final Order must be submitted after receiving the Conditional Order (previously known as the Decree Nisi). However, before applying, specific time limits have been met to ensure all necessary steps in the divorce process have been completed. The timeline for reaching this point varies depending on whether the divorce was a sole application or a joint application.
Timeframe for a Final Order
The minimum time required to obtain a Final Order is six weeks and one day after the Conditional Order is granted. This waiting period is set by law and applies to all divorces in England and Wales. However, this is just the minimum timeframe; in reality, the process can take longer due to various factors, such as court delays, missing documentation, or unresolved financial matters.
If a joint application for divorce is made, both parties must confirm their intention to proceed before the Final Order is granted. In contrast, if a sole application is made, only the applicant needs to confirm their request for the Final Order. The courts will then review the application and issue the Final Order, provided there are no outstanding issues.
Factors That Can Affect the Timeline
While the legal minimum is six weeks and one day, various factors can extend the timeline, including:
- Court processing times: The time taken for the court to review and process applications can vary depending on workload and administrative delays.
- Financial settlements: If financial matters have not been resolved, applying for a Final Order may be delayed until a financial remedy or consent order is approved.
- Disputes between parties: If one party contests aspects of the divorce, additional legal proceedings may be necessary, prolonging the process.
- Administrative errors: Mistakes in paperwork or missing documentation can lead to additional delays, as corrections must be made before the application can be processed.
- The 12-month rule: If the Final Order is not applied for within 12 months of the conditional order, the applicant may need to provide further information to the court, potentially adding extra time to the process.
Financial Considerations
Before applying for a Final Order, it is advisable to resolve financial matters between both parties. This can be done through a financial remedy order or if matters are agreed, by way of a consent order. A consent order is a legally binding document that sets out the agreed financial arrangements. Without a consent order in place, financial claims can still be made even after the divorce is finalised.
Delays can occur if financial matters are still being negotiated or if a financial order has yet to be approved by the court. For this reason, many legal professionals advise waiting until financial issues are settled before applying for the Final Order. Seeking legal advice can help ensure that all financial matters are properly addressed before proceeding.
Changes Introduced by the Divorce, Dissolution and Separation Act 2020
In April 2022, the Divorce, Dissolution and Separation Act introduced significant changes to the divorce process in England and Wales. One of the key updates was the removal of the requirement to assign blame, making the process simpler and less contentious. The new law also introduced the option for a joint application for divorce, allowing both parties to apply together rather than one person having to initiate the process alone.
Another key change was the introduction of a 12-month time limit for applying for a Final Order. If an application for a Final Order is not made within 12 months of receiving the conditional order, the applicant may need to provide an explanation to the court, and additional legal steps may be required.
These changes were designed to make the process more straightforward and reduce unnecessary conflict between separating couples. However, it remains essential to follow the correct procedures and timelines to avoid complications.
How to Apply for a Final Order
Once the time limits have been met, an application for a Final Order can be submitted online or via post. The process involves:
- Checking that all requirements have been fulfilled – ensuring the conditional order has been issued and the six-week waiting period has passed.
- Submitting the application – either through the government’s online portal or via a paper application sent to the court.
- Awaiting court approval – once the court processes the application, the Final Order will be issued.
If the application is accepted, the court will issue the Final Order, confirming that the marriage or civil partnership has legally ended.
After receiving the Final Order, it is crucial to keep copies of the Final Order in a safe place, as it serves as official proof of divorce. This document may be required in the future for financial matters, remarriage, or other legal purposes. If lost, a replacement can be requested from the court, though this may involve additional fees and delays.
Seeking Legal Advice
Although the divorce process has been simplified under the new law, seeking legal advice can help ensure that all aspects, including financial arrangements, are properly addressed. A family law solicitor can provide guidance on making the process as smooth as possible and help avoid potential complications.
Legal professionals such as Harbour Family Law, can also assist with drafting and approving financial agreements, ensuring that both parties have clarity and legal protection in their financial settlements. If there are children involved, additional considerations around custody and support arrangements may also need to be addressed.
Conclusion
The time it takes to obtain a Final Order depends on various factors, but the minimum waiting period is six weeks and one day after the conditional order is granted. However, delays can occur due to unresolved financial matters, court processing times, and other legal considerations. Ensuring financial matters are resolved before applying for the Final Order is strongly recommended, and applicants should be mindful of the initial 12-month limit to complete the process.
If you are currently navigating a divorce or considering applying for a Final Order, seeking professional legal advice can provide valuable guidance and help ensure that the process runs smoothly. Whether applying for a sole application or a joint application, understanding the steps involved and preparing accordingly can help minimise stress and avoid unnecessary delays.
At Harbour Family Law, we specialise in providing expert legal advice and guidance throughout the divorce process. Our experienced team is here to help you understand your options and ensure that everything is handled efficiently. Contact us today to discuss your case and receive the support you need.