What is a Final Order?
18 Dec 2023 | Harriet McMorrin
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The introduction of no-fault divorces brought about a number of changes to the divorce process in England and Wales. One important change is the Final Order replacing Decree Absolute.
What is a Final Order?
A Final Order is the legal document which confirms that your divorce has been granted by the court. It is the final stage of the divorce process. Once the Final Order is made, you are no longer married and are free to marry again if you wish – although you should not remarry until you have your Financial Remedy Order from the Court and have waited a further 28 days (time for an appeal and service of an appeal to have passed)
Under the previous divorce laws, the Final Order was called the Decree Absolute.
What is the difference between a Final Order and a Decree Absolute?
The change is simply one of language. Both the Final Order and Decree Absolute have the same purpose – they bring the marriage to an end.
However, the steps leading up to a Final Order are different in the no-fault divorce process. The main change is the introduction of a 20-week mandatory waiting period before you can apply for a Conditional Order (which replaces the Decree Nisi).
The waiting period has been put in place to allow couples time for reflection and negotiation. You can use this period to resolve issues arising from the divorce, particularly regarding financial arrangements and arrangements concerning children, and reflect on whether ending the marriage is the right choice for you.
How long is between a Conditional Order and a Final Order?
Once a Conditional Order is made by the Court, the Final Order may not be made by the Court before the end of the period of 6 weeks from the making of the Conditional Order – so you have that wait before you can apply for the Final Order. Frequently, your solicitor will advise that you wait longer than this.
That is because of the effect of the Final Order may have on matters such as Inheritance, tax, property, pension benefits and benefits under a Trust. It is in your best interests to delay the Final Order until the Financial Remedy Order is in place, to ensure that you do not lose any valuable rights or claims. It is particularly important to think about what would happen if your ex died – if you had the Final Order you would no longer be his/her widower – again there could be financial implications. Most people therefore tend to wait until they have their Financial Remedy Order before applying for the Final Order on divorce. There is no deadline for applying for the Final Order.
How do I apply for a Final Order?
Once you have the Financial Remedy Order and the requisite waiting days have passed, you can apply for a Final Order.
The person who made the divorce application (the Applicant) should make the application. If you and your ex applied jointly for the divorce, you should apply together for the Final Order. However, one of you can apply as the sole Applicant even if you started the divorce application together with your ex.
If you applied for a divorce online, you generally will receive a notification when you can make the application for the Final Order. You can also apply by post using Form D36. Your solicitor will take care of this for you.
Is it possible to change my mind after a Final Order is granted?
Once the Final Order is made, the divorce is final. If you decide to reconcile with your spouse, it won’t be recognised as a marriage or a civil partnership.
Do I need to wait for a Final Order before obtaining a Financial Remedy Order by Consent?
No-fault divorce was introduced to simplify the legal process of obtaining a divorce but it has no bearing on the division of finances. These arrangements need to be made separately.
Most couples voluntarily agree how the money, property and other assets will be split. However, a Financial Remedy Order needs to be obtained for them to be legally binding.
You don’t need to wait for the Final Order before you start the process of getting a Financial REmedy Order. In fact, it is recommended that you seek a Consent Order as soon as possible after the Conditional Order and before you apply for the Final Order, to ensure that all your financial rights are protected.
Reach out to our no-fault divorce legal experts
If you would like more information regarding Final Orders or any other aspect of the no-fault divorce process, please reach out to Osbornes Law’s no-fault divorce specialists. Our experienced team of legal professionals are here to help explain how best to protect your rights and interests during this difficult time. Contact us today to find out more.
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