Understanding the changes to divorce terminology

The introduction of the Divorce, Dissolution and Separation Act 2020 has brought significant changes to the divorce process, including the use of new terminology. In this blog, we explain the meaning of the Final Divorce Order and its implications for individuals going through a divorce.

What Does a Final Divorce Order Mean?

In the divorce process, there are two main orders issued by the court: the Conditional Order (previously known as Decree Nisi) and the Final Divorce Order (previously known as Decree Absolute). The Conditional Order confirms that there are no legal obstacles to dissolving the marriage, but it does not officially end the marriage. The Final Divorce Order, on the other hand, legally terminates the marriage, making both parties officially divorced.

Applying for a Final Divorce Order:

After the court issues the Conditional Order, there is a mandatory waiting period of 6 weeks and 1 day before you can apply for the Final Divorce Order. However, it is common for parties to negotiate financial arrangements during this time, either through solicitors or mediation. In such cases, it may be advisable to delay applying for the Final Divorce Order, depending on your specific financial circumstances. This can help protect your entitlement to certain benefits in the event of your spouse’s death before financial arrangements are finalised.

Distinctions Between Final Divorce Order and Decree Absolute:

There are no distinctions between the Final Divorce Order and the Decree Absolute. Both orders legally end the marriage. If you initiated divorce proceedings before April 2022, you will receive a Decree Absolute. If you initiated divorce proceedings after April 2022, you will receive a Final Divorce Order. It is important to keep the Final Divorce Order as it replaces your marriage certificate and serves as proof of the legal termination of your marriage.

Considerations After the Final Divorce Order:

Once the divorce is finalised, it is crucial to review your Will to ensure it reflects your updated financial position and ensures your estate passes to your intended beneficiaries.

Understanding the changes to divorce terminology, specifically the Final Divorce Order, is essential for individuals navigating the divorce process. Rudlings is dedicated to providing guidance and support during this challenging time.