Securing a conditional order in divorce may sound like legal jargon, but it’s actually a key milestone in the divorce process in England and Wales. For parents juggling child care, work, and the emotional toll of separation, understanding each step in plain terms can make all the difference.
This guide is here to help busy parents grasp what a conditional order is, why it matters, and how it fits into the bigger picture of divorce. We'll also touch on how to manage the process while protecting your wellbeing and your children’s needs.
What Is a Conditional Order?
A conditional order is the second official stage in the divorce process (previously known as a “decree nisi”). It confirms that the court sees no reason why you cannot legally divorce. While it doesn’t finalise your divorce, it is a vital step in getting there.
You can only apply for a conditional order after the court has accepted your divorce application and your spouse has had the opportunity to respond. Once granted, you’ll need to wait at least six weeks and one day before you can apply for the final order, which legally ends the marriage.
The GOV.UK website provides official step-by-step instructions for applying, including downloadable forms and timelines.
Why the Conditional Order Matters
The conditional order is more than a bureaucratic checkpoint. It allows you to:
-
Confirm that the divorce is progressing legally.
-
Begin formal negotiations around financial settlements.
-
Start making arrangements for child support and custody (if not already agreed).
Without this order, the court cannot grant your final order of divorce. In short, it’s your green light to move toward closure.
If you’re discussing your financial arrangements, this stage is often the point where consent orders are submitted for approval. These orders formalise how assets, pensions, debts and ongoing maintenance will be handled.
How It Affects Parents
For parents, the divorce process has added emotional and logistical layers. The conditional order gives you a window to organise living arrangements, child contact schedules, and school communication strategies—before the divorce is final.
It’s also a moment to reflect on your parenting plan. If you haven’t already agreed on how holidays, birthdays, and schooling will work, this is a good time to solidify those plans.
Many parents use this phase to attend family mediation, which is encouraged by the courts. Mediation allows you to explore parenting solutions that suit your family’s unique needs, without the stress of formal court proceedings.
You can learn more about parenting plans and shared care arrangements through Cafcass, which works closely with family courts in England and Wales.
When to Apply for the Conditional Order
Once your divorce application has been acknowledged by your spouse (or a decision has been made in their absence), you can apply for a conditional order. This can typically be done around 20 weeks after the initial application was submitted, allowing time for reflection and negotiation.
If you submitted your application jointly, you both must confirm you want to proceed. If the application was made by one person, only they can apply for the conditional order.
Once the court reviews your application, they will issue a certificate that sets a hearing date. In most cases, you don’t need to attend the hearing unless the court has questions or objections have been raised.
What Happens After It’s Granted?
Once the conditional order is granted, you enter a six-week waiting period. This is designed to give both parties time to finalise financial or parental arrangements before the final order is granted.
This period is also a good opportunity to:
-
Submit a consent order (a legally binding financial agreement).
-
Finalise child arrangements if there are ongoing disagreements.
-
Seek professional advice if anything feels unclear or contested.
After the waiting period, and assuming everything is in place, you can apply for the final order. Once granted, your divorce is legally complete.
Common Misunderstandings
Many parents confuse the conditional order with the final order. It’s important to know that your legal marriage continues until the final order is issued—even if you’ve received the conditional one.
Another common mistake is assuming financial issues are resolved automatically. They aren’t. Financial and child arrangements are separate from the divorce timeline and require their own formal processes.
It’s also worth noting that a divorce without a financial order leaves you vulnerable. Without a court-approved financial settlement, your ex could make future claims on your income or assets—even years after the divorce.
The MoneyHelper site provides useful information on how to protect your financial future during and after divorce.
Making It Easier for Your Children
While the conditional order is largely a legal matter, the divorce process as a whole can be tough for kids. This stage is a good time to talk to them—if age-appropriate—about what’s changing and what will stay the same.
Focus on stability. Reassure your children that both parents will continue to love and support them. Keep routines intact where possible, and be honest without sharing adult-level conflict or stress.
You might also find it helpful to seek age-appropriate resources or speak with your child’s school or a family therapist.
Final Thoughts
Reaching the conditional order stage is a major achievement—it means you're navigating the process with focus and care. For parents, it’s an opportunity to pause, reflect, and make meaningful plans for your children and your future.
By understanding what a conditional order does (and doesn’t) do, you can avoid legal mistakes, protect your rights, and put your family first.
Divorce isn’t easy. But taking it step by step—and knowing what to expect—makes the path smoother for you and your children.
Legal Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For tailored guidance on divorce, conditional orders, parenting plans, or financial settlements, consult a qualified family law professional.
