Following the introduction of the Divorce, Dissolution and Separation Act 2020, you will no longer receive a decree absolute when your marriage has come to an end. The document you will now receive is called the final order, which has the same effects as the decree absolute, it is purely a change in the name of the document.

Is the timescale for the conditional order (previously the decree nisi) to be made final (previously the decree absolute) still the same?

Yes this remains the same – the Court will not grant your final order until the six weeks and one day has passed from the date of the conditional order. For more information on conditional order please click here.

Should I apply for it before the finances are resolved?

Before you apply for the final order in the divorce, you should seek legal advice as to whether you should delay applying for this until the finances have been resolved. If you apply for this before the finances have been resolve, this could result in you losing the spousal part of your spouse’s pension in the event of their death prior to the conclusion of the finances. Whilst you remain married, you are also connected persons for tax purposes. You should therefore seek legal advice before proceeding with this.