A decree nisi is the court’s confirmation that there is no reason why your divorce cannot go ahead. It is not the divorce itself. Since 6 April 2022 the same document is called a conditional order in England and Wales, and the final step that actually ends the marriage, formerly the decree absolute, is now the final order. The names changed; the two-stage process did not.
This guide explains what the conditional order or decree nisi means, when you can apply for it, what you can and cannot do once it has been granted, and how you get from there to the final order. It follows the HM Courts and Tribunals Service process as published on GOV.UK.
Key Takeaways
- Two names, one document: decree nisi (applications issued before 6 April 2022) and conditional order (applications issued on or after that date) are the same stage of a divorce.
- It does not end the marriage. You are still married after the conditional order and cannot remarry until the final order or decree absolute is granted.
- The timeline: you can apply for the conditional order 20 weeks after the court issues the divorce application, and for the final order 6 weeks and 1 day after the conditional order.
- Apply within 12 months of the conditional order, or you will have to explain the delay to the court.
- Money and property: any legally binding financial arrangement must be applied for before you apply for the final order.
- The document you need afterwards is the final order or decree absolute, for example when you remarry or need to prove your marital status abroad.
What Is a Decree Nisi?
A decree nisi was the first of the two court orders in a divorce in England and Wales. GOV.UK describes it, and the conditional order that replaced it, as a document which says that the court does not see any reason why you cannot divorce. “Nisi” is Latin for “unless”: the order takes effect unless a reason not to grant the divorce comes to light before the final step.
The decree nisi still applies to divorces where the court issued the application before 6 April 2022. Those cases continue under the old names all the way to the decree absolute.
What Is a Conditional Order?
A conditional order is the same stage under the divorce rules that came into force in England and Wales on 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 replaced the old procedure. If the court issued your divorce application on or after that date, you apply for a conditional order, and later for a final order.
The court grants the conditional order when it has checked the application and the time limits. It confirms that you are entitled to a divorce. It does not dissolve the marriage.
Old Names and New Names
| Stage | Applications issued before 6 April 2022 | Applications issued on or after 6 April 2022 |
|---|---|---|
| Court confirms the divorce can proceed | Decree nisi | Conditional order |
| Court ends the marriage | Decree absolute | Final order |
| Who can apply | Petitioner | Sole applicant or both applicants jointly |
| Waiting period before the first order | No fixed reflection period | 20 weeks from the date the application is issued |
The Divorce Timeline: From Application to Final Order
- Application. You apply online or by post, alone or jointly with your husband or wife. The court fee is £628 at the time of writing. The court issues the application and sends both of you a case number.
- Response. In a sole application, your husband or wife must respond to the acknowledgement of service within 14 days and say whether they agree or intend to dispute the divorce. A dispute needs a genuine legal reason; not wanting a divorce is not one.
- 20-week wait. You cannot apply for the conditional order until 20 weeks have passed since the court issued the application. This is the reflection period built into the 2022 reform.
- Conditional order or decree nisi. You apply, the court checks the file and grants the order.
- 43-day wait. You must wait at least 6 weeks and 1 day after the date of the conditional order before you can apply to end the marriage.
- Final order or decree absolute. You apply, the court checks that the time limits have been met and that nothing prevents the divorce, and sends both of you a copy. From that moment you are divorced and free to marry again.
Counting from the day the application is issued, the earliest a divorce can be completed is therefore about 26 weeks.
What You Can and Cannot Do After the Conditional Order
You cannot remarry. The conditional order does not change your marital status; only the final order or decree absolute does. Anyone who marries between the two orders is still married to their former spouse.
You should deal with money and property. If you want a legally binding arrangement for dividing money and property, you must apply to the court for it before you apply for the final order. Many people delay the final order for exactly this reason.
You have 12 months. GOV.UK asks you to apply for the final order within 12 months of the conditional order; after that you will have to explain the delay to the court. If you applied alone and do not apply for the final order, your husband or wife can apply instead after an extra 3 months on top of the 43 days.
Decree Absolute and Final Order: The Document That Ends the Marriage
The final order, or decree absolute for cases issued before 6 April 2022, is the document that proves you are divorced. The court sends a copy to each of you, or to your solicitors. Keep it safe: you will need it if you remarry or have to prove your marital status, and if you lose it you can apply to the court for a copy.
When the divorce is to be recognised in another country, for example to remarry abroad, apply for a visa or change your name on foreign records, the receiving authority usually asks for a notarized copy and, outside the UK, an Apostille from the Foreign, Commonwealth and Development Office. Our decree absolute page explains how to get a copy and how NotaryPublic24 notarizes and apostilles it online.
Scotland and Northern Ireland
The conditional order and final order apply in England and Wales. Scotland issues a divorce certificate, known as an extract, and Northern Ireland issues a decree absolute or final conditional order under its own procedure. GOV.UK links to the separate ways of obtaining copies in each.
How NotaryPublic24 Can Help
NotaryPublic24 does not handle the divorce itself; that is a matter for the court. What we do is make the final order or decree absolute usable abroad. Upload a scan of the document, complete the checkout and verify your identity online, and a UK Notary Public certifies the copy. If the destination country is a member of the Hague Convention, we obtain the FCDO Apostille as well.
Start your UK notarization or read about the UK Apostille first. Contact support if the receiving authority has told you it needs a court-sealed copy rather than a notarized one.
Frequently Asked Questions
What is the meaning of decree nisi?
A decree nisi is the court order in a divorce in England and Wales confirming that the court sees no reason why the divorce cannot proceed. It was the first of two orders; the second, the decree absolute, ended the marriage. For applications issued on or after 6 April 2022 the same order is called a conditional order.
Is a conditional order the same as a decree nisi?
Yes. The conditional order replaced the decree nisi when no-fault divorce came into force on 6 April 2022. Which name applies to you depends on when the court issued your divorce application, not on when you apply for the order.
Does a decree nisi mean you are divorced?
No. After a decree nisi or conditional order you are still married. The marriage ends only when the court grants the decree absolute or final order, which you can apply for 6 weeks and 1 day after the conditional order.
Can I remarry with a decree nisi?
No. You can only remarry once the final order or decree absolute has been granted. Until then you are still legally married, whatever stage the divorce has reached.
How long after a conditional order are you divorced?
At least 43 days, which is 6 weeks and 1 day. After that you apply for the final order; the court checks that the time limits have been met and sends you the order. You are divorced on the date of the final order, not on the date of the conditional order.
What happens when a conditional order is pronounced?
The court records that you are entitled to a divorce and the 43-day clock starts. During that period you can apply to the court for a financial order if you want a binding arrangement for money and property. You then apply for the final order.
How long does it take to get a decree absolute after a decree nisi?
The minimum is 6 weeks and 1 day after the decree nisi, and the court asks you to apply within 12 months. In practice many people wait longer to finalise financial arrangements first.
Do I need my decree absolute or final order notarized?
Not for use in England and Wales. You need a notarized copy, often with an Apostille, when a foreign authority has to accept it, for example for remarriage abroad, a visa or a name change on foreign records. NotaryPublic24 handles both steps online.