The Conditional Order

Once your application for divorce is received by the court it will be checked and, provided it is correct, you will be sent:

• a notice that your application has been issued;
• a copy of your application stamped by HM Courts and Tribunals Service (HMCTS); and
• a case number (which you should then quote in any correspondence with the court).

If you have made a sole application, the court will also send your husband or wife the divorce application and an ‘acknowledgement of service’ notification. Your husband or wife must respond to the acknowledgement of service notification within 14 days saying whether they:

• agree with the divorce (in which case you can continue with the divorce by applying for a conditional order once 20 weeks has passed), or
• intend to dispute the divorce (in which case they will have to complete an ‘answer form’ to say why they disagree with the divorce. There are very limited legal grounds to dispute a divorce, for example that the English court lacks jurisdiction, that the marriage was not valid or that the marriage has already been legally ended. Spouses can no longer dispute a divorce simply because they do not want a divorce or to delay the process).

Assuming neither of you dispute the divorce, you then need to wait 20 weeks. After this time you and your husband or wife can continue with the divorce by applying for a Conditional Order.

A Conditional Order is a document from the court confirming that the court does not see any reason why you cannot divorce. It will tell you the time and date you’ll be granted a Conditional Order. You will still be married after it has been granted.

After the Conditional Order is made, the court can convert any agreements you have reached as to the division of your finances into Court Orders (see further below)