Divorce involves a number of formal legal stages, and understanding when to apply for a Final Order (previously known as a Decree Absolute) is an important part of the process.
At BPE Solicitors in Cheltenham, our family law team regularly advises individuals across Cheltenham, Gloucester and the wider Gloucestershire area on divorce proceedings, financial settlements and related family law matters.
Once a Divorce Application has been issued and a Conditional Order has been pronounced (known as a Decree Nisi if divorce proceedings were started prior to 6 April 2022), a Final Order can be applied for after the statutory cooling-off period of 6 weeks and 1 day.
Once the Final Order is granted by the Court, the marriage has legally ended.
What does a Final Order mean?
A Final Order formally brings the marriage to an end. Once it has been granted, both parties are legally single and are free to remarry in the future should they wish to do so.
Although the legal divorce itself is complete at this stage, it is important to remember that financial matters between spouses are not automatically resolved by the Final Order.
Do you have to wait until finances are agreed?
Although a Final Order can technically be applied for once the cooling-off period has passed, it is common for parties to wait until a financial settlement has been agreed and approved by the Court before applying.
In many circumstances this is advisable, particularly where financial arrangements are complex or where one party needs to ensure that certain protections are in place before the marriage formally ends.
However, this is not always necessary. In some cases, there may be no need to delay the application for a Final Order.
When might it be appropriate to apply earlier?
In some divorces, the financial arrangements between the parties are relatively straightforward.
For example, where:
there are limited assets,
there are no pension sharing arrangements,
there are no significant tax implications, and
the parties intend to achieve a clean break.
In these situations, it may be appropriate to apply for the Final Order before the financial settlement has been formally approved by the Court, without causing prejudice to either party.
Every case will depend on its own circumstances, which is why it can be helpful to take legal advice before deciding when to apply.
Why financial claims should still be resolved
Even after a Final Order has been granted, financial claims between former spouses can remain open unless they are formally dealt with in a Financial Remedy Order approved by the Court.
Without such an order, it is technically possible for financial claims to be brought years after the divorce has been finalised. This applies even where there are few or no assets to divide.
For this reason, many couples choose to obtain a court-approved financial order to ensure that:
financial claims are formally resolved
a clean break is achieved where appropriate
both parties have certainty moving forward.
Frequently asked questions
How long after a Conditional Order can you apply for a Final Order?
A Final Order can be applied for 6 weeks and 1 day after the Conditional Order has been pronounced by the Court.
Can you apply for a Final Order before sorting out finances?
Yes, although it is often advisable to wait until a financial settlement has been agreed and approved by the Court. The most appropriate approach will depend on the circumstances of the divorce.
Does a Final Order end financial claims between spouses?
No. Financial claims between former spouses remain open unless they are dismissed through a Financial Remedy Order approved by the Court.
Do I need a solicitor to apply for a Final Order?
You do not have to instruct a solicitor to apply for a Final Order. However, legal advice can help ensure that financial matters are properly resolved before the divorce is finalised.
How BPE Solicitors can help
The family law team at BPE Solicitors in Cheltenham advises clients throughout Cheltenham, Gloucester and Gloucestershire on all aspects of divorce and separation.
Our solicitors regularly assist with:
Divorce applications and court procedure
Financial settlements and Financial Remedy Orders
Pension arrangements on divorce
Clean break agreements
Divorce proceedings involving business or complex assets
If you are unsure about the right time to apply for a Final Order, speaking to a divorce solicitor in Cheltenham can help ensure that your financial position is properly protected. To speak to a member of the team, please click here.
Written by Jemma Jones, Partner in the Family team at BPE Solicitors and Nicola Dicks, Paralegal in the team.
