What is a Final Order in Divorce Proceedings?

What is a Final Order in Divorce Proceedings?

Divorce can be a challenging and emotional process, but understanding the legal steps can help make it smoother. One important aspect of this process in England and Wales has been the “decree absolute.” However, with the introduction of the no-fault divorce law in April 2022, this term has evolved into what is now known as the “final order.” Let’s explore what this document is, its significance, and how the new law has changed divorce proceedings.

What is a Final Order?

The final order (previously called a decree absolute) is the legal document that officially ends a marriage. It marks the final stage of divorce, confirming that the marriage has been legally dissolved. Once granted, both parties are free to remarry if they choose.

Historically, the divorce process involved two main steps: first, a provisional court order (previously called a decree nisi) confirmed the court saw no reason not to grant the divorce. Then, after a mandatory waiting period, the decree absolute would finalise the dissolution of the marriage. Now, with the no-fault divorce law, the names have changed, but the steps remain the same.

How Has No-Fault Divorce Changed the Process?

Before April 2022, a person seeking divorce often had to prove their partner was at fault due to adultery, unreasonable behavior, or desertion. This caused unnecessary conflict at an already difficult time. However, the no-fault divorce law allows either or both parties to apply for divorce on the grounds that the marriage has irretrievably broken down, without blaming the other person.

This shift has reduced the adversarial nature of divorces and simplified the process. While the terminology has changed, the final order still plays the same role as the decree absolute did – legally ending the marriage. The conditional order replaces the old decree nisi, confirming that the court sees no reason to prevent the divorce from proceeding.

The Divorce Process Under No-Fault Divorce

Under the no-fault divorce law, the process typically follows these steps:

• Application for Divorce – One or both parties submit a divorce application stating that the marriage has irretrievably broken down.
• Conditional Order – This is the equivalent of the old decree nisi. The court confirms that the legal process can move forward. A minimum of 20 weeks must pass from the submission of the divorce application to the granting of the conditional order.
• Final Order – After the conditional order is granted, the applicant must wait at least six weeks and one day, before applying for the final order. Once this is issued, the marriage is legally dissolved.

In total, the process takes a minimum of 26 weeks, giving couples time to reflect and consider reconciliation if possible.

How Can Mediation Help You Reach a Final Order?

For many couples, divorce can feel like a combative process, but it doesn’t have to be. Family mediation offers a more amicable way to resolve disputes. At Mediate UK, we help couples discuss and agree on important issues such as finances, property division, and child arrangements, all without needing to go to court.

Mediation is often a quicker, more cost-effective alternative to litigation. It allows couples to stay in control of the outcome, tailoring solutions to their unique circumstances rather than having a judge impose a one-size-fits-all decision. This can be particularly helpful when finalising the parenting arrangements and financial agreement, which are best resolved before proceeding to a conditional order.

Why Choose Family Mediation?

• Reduces Conflict – Family mediation focuses on constructive communication, avoiding the adversarial “blame game” often seen in traditional divorce proceedings.
• Saves Time and Money – Resolving issues through family mediation is generally faster and less expensive than going to court.
• Tailored Solutions – Couples can create bespoke agreements that suit their unique needs and those of their children.
• Improved Communication – Family mediation encourages ongoing dialogue, which can be particularly beneficial when co-parenting after the divorce.

At Mediate UK, we guide couples through this process, ensuring that discussions are productive and agreements fair. Once both parties reach an agreement, they can have them made legally binding. Financial arrangements usually fall into place once the final order is made.

Can I get Divorced without Agreeing on the finances?

Yes, you can finalise the divorce without agreeing the finances or having a financial consent order. However, this is not recommended for most situations. There are many reasons for this, not least due to the way pensions work on divorce. You should always take your own independent legal advice if either party wants to finalise the divorce before the finances are settled.

Summary

The final order is the legal document that officially ends a marriage in England and Wales. With the introduction of no-fault divorce, the process has become less contentious, allowing couples to focus on resolving their differences amicably.

Mediation plays an important role in this, offering couples a practical way to reach agreements without the stress of litigation. If you are considering divorce, exploring mediation options can help you achieve a smoother, more cooperative resolution.