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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Maximum time between conditional order and final order

9 replies

stripedcurtains · 04/03/2023 14:38

I'm in the middle of a divorce, at the stage where we've waited 20 weeks and can now apply for the conditional order. I know it's then at least 6 weeks to the final order, but is there a maximum time between those two stages? Ex and I have various financial things we still need to sort which will take longer than 6 weeks (maybe 4-6 months), and I can't find anything online saying what is the maximum time we can wait after we've got the conditional order, although I was sure I'd read somewhere that it's a year (which would be fine). Does anyone know?

OP posts:
PaperDreamsHoney · 04/03/2023 14:49

It is about a year, yes.

PritiPatelsMaker · 04/03/2023 15:00

PaperDreamsHoney · 04/03/2023 14:49

It is about a year, yes.

Is that under new new rules? I don't think there was a limit under the old system.

lljkk · 04/03/2023 15:09

I thought there was a 1 year limit but I think it's a simple extension to file for is all. Friend is going on 2.5 years now. Shock

Lulu2171 · 04/03/2023 15:26

In practical terms there is no limit, take your time to get finances sorted.

PaperDreamsHoney · 04/03/2023 15:27

PritiPatelsMaker · 04/03/2023 15:00

Is that under new new rules? I don't think there was a limit under the old system.

When I got my Decree Nisi last year it said we then had to wait the 6 weeks to apply for the Decree Absolute, and it had to be within a year unless there was a good reason for the delay. Admittedly I haven't looked into what they consider a good reason - I wanted mine over as quickly as possible.

stripedcurtains · 04/03/2023 15:31

Thanks for all the replies. A year will be plenty of time, I just don't want to apply for the conditional order and then feel rushed to get things arranged that would be easier if we had more time.

OP posts:
PritiPatelsMaker · 04/03/2023 15:31

The reason for the delay Paper would be the Financial Order application, which would be perfectly reasonable.

Usually the only time a Judge will query the delay if it's been a few years since the Nisi/Conditional Order and the application for the Absolute/Final Order.

Timeforachange2023 · 04/03/2023 21:07

I can only comment based on old law and not the new system. The new system might be different in this respect.

However, under old law, there was a 12 month “limit” that applied for issue of Decree Absolute from the date of issue of the Decree Nisi.

The application for Decree Absolute in my divorce went over this “limit”. About 18 months I think.

You have to make what is termed an application “out of time”. What it means in practical terms is that the application for the Decree Absolute has to be considered by a judge, and you have to make a statement confirming you haven’t reconciled, and some other bits and pieces.

It took a bit more time, but it was straightforward. In reality, there isn’t really a “limit”. Only
in very rare cases would there be cause not to finally dissolve the marriage.

Don’t worry about it. Good luck!

HangerLaneGyratorySystem · 04/03/2023 23:00

I believe its 12 months, and if you go over that you have to apply to the court with an explanation of why you have waited.

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