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What happens after the conditional order?

England and Wales · Facts checked 12 November 2026

A conditional order means the court sees no reason why you cannot divorce. You are still married. The divorce is only complete when you apply for, and receive, the final order, and the earliest you can apply is 43 days later.

Those 43 days are not dead time. This is the stretch in which a court can approve a financial agreement.

Step by step

  1. The court sends a certificate. If the judge agrees with your application, you and your spouse are each sent a certificate giving the time and date on which the conditional order will be granted.
  2. The conditional order is granted on that date.
  3. You wait at least 43 days (6 weeks and 1 day).
  4. You apply for the final order. You can apply on your own, even if you started the divorce jointly.
  5. The court makes the final order. From that moment you are divorced and free to marry again.

The dates that matter

What When
Earliest you can apply for the final order 43 days after the conditional order
When your spouse can apply instead (sole applications) A further 3 months after those 43 days
When you start having to explain delay More than 12 months after the conditional order

Why many people do not apply on day 43

The conditional order opens a window that matters for money.

  • A court cannot approve a financial consent order before the conditional order.
  • GOV.UK's guidance on finalising a divorce says that if you want a legally binding arrangement for dividing money and property, "you must apply to the court for this before you apply for a final order".
  • Its guidance on consent orders adds that if you ask for approval after the final order, "there may be financial consequences, particularly for pensions".
  • The consent order itself only takes effect once you have the final order.

A sequence that fits those rules is: conditional order, then the financial agreement goes to the court, then the final order.

The final order ends the marriage. Anything that depends on being someone's husband, wife or civil partner ends with it. Whether that matters in your case, and when to apply, is a question for a solicitor. It is not something this guide, or Unknot, can decide for you.

If you have agreed about money

To make an agreement legally binding you ask the court to approve a consent order. In outline:

  • the agreement is written up as a draft consent order and signed by both of you;
  • it goes to the court with a statement of information form and a notice of application;
  • the court fee is £62;
  • there is usually no hearing, and a judge can ask for changes if they do not think the order is fair.

Without a consent order, GOV.UK is plain about it: "If your agreement is not legally binding, a court cannot enforce it if there are any issues later."

If you might remarry

The law says that a person who remarries cannot afterwards apply for certain financial orders against their former spouse (Matrimonial Causes Act 1973, section 28). If remarriage is a possibility and your finances from this marriage have not been settled by a court order, that is a question to put to a solicitor first.

After the final order

Keep the final order somewhere safe. You will need it if you remarry or ever have to prove your marital status, and you can ask the court for a copy if you lose it.

This guide explains the process. It is not legal advice.

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Quick answers

Am I divorced once I have the conditional order?

No. A conditional order means the court sees no reason why you cannot divorce. You remain married until the final order is made.

How soon can I apply for the final order?

43 days (6 weeks and 1 day) after the conditional order. If you were the sole applicant and do not apply, your spouse can apply once a further 3 months have passed.

Is there a deadline for applying for the final order?

GOV.UK says to apply within 12 months of the conditional order. If you apply later, you will have to explain the delay to the court.

Can a financial consent order be approved before the conditional order?

No. The court cannot approve a consent order until the conditional order has been made, and the consent order only takes effect once you have your final order.

Sources

Figures and rules on this page were checked against these sources on 12 November 2026. Fees and rules change, so check the source if you are relying on a number.

More guides

This page gives general information about the process in England and Wales. It is not legal advice, and it cannot tell you what to claim, what to accept or what to do in your situation. For that, speak to a solicitor.