What Is A Final Order In Divorce

What Is A Final Order In Divorce The divorce process involves several steps, culminating in the Final Order, which is the Order that legally ends your marriage.

Here, our specialist divorce solicitors provide an overview of the divorce process from start to finish and explain how long you can expect your divorce to take.

If you are considering ending your marriage, it can help to have a chat with a team of leading divorce lawyers, like ours, to understand your options. We understand how stressful the breakdown of your marriage can be, and we offer first-rate legal advice combined with a sympathetic ear and a human touch.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“I would definitely recommend you to others – Thank you very much” (Mr Laskey)

What Is The Divorce Process?

The basic process for a divorce involves a number of prescribed steps, as we detail below. In addition to following these steps, you will need to resolve any issues arising from your separation before the divorce can be finalised.

• Step One – File For Divorce

You can apply for a divorce on your own or jointly with your spouse. Following the divorce law reforms in 2022, which introduced the ‘no-fault divorce’, you no longer need to apportion blame for the breakdown of your relationship. Instead, you need simply state that the marriage has irretrievably broken down.

• Step Two – Respond To The Divorce Application

If your spouse applies for divorce on their own, you will receive a copy of their application. You must then acknowledge receipt of the application within 14 days before either agreeing to the divorce or disputing it. Divorces can only be disputed in extremely limited circumstances, such as if you do not accept that the English courts should hear the case.

• Step Three – Cooling Off Period

The new divorce laws introduced a mandatory 20-week ‘cooling off period’, which you and your ex-partner can use to explore a reconciliation or try to resolve the issues arising from your divorce.

• Step Four – Conditional Order

When the cooling off period expires, if you still wish to proceed with your divorce, you can apply to the court for a ‘Conditional Order’. A Conditional Order does not mean that your divorce is final, simply that the court accepts that you fulfil the legal requirements for obtaining a divorce, for example, you have been married for at least one year.

• Step Five – Final Order

When six weeks have elapsed from your Conditional Order, you can apply to the court for a Final Order. The Final Order is the document that concludes your divorce and legally ends your marriage.

How Long Does It Take For A Final Order To Be Granted?

Taking account of the timings of each step and the cooling off period, the shortest period within which you can expect to receive your Final Order is six months. However, it is very difficult to predict with any certainty how long a divorce will take since it all it all depends on a number of factors unique to the case, such as the issues that need to be resolved by the parties and the extent to which they cooperate with each other. In addition, any backlogs at the court will delay matters.

There are a few steps you can take to help speed up the divorce process, such as the following:

• Take Legal Advice Early

Involving specialist divorce solicitors like ours from the start ensures your divorce is dealt with as swiftly and seamlessly as possible. We deal with divorce cases and the court every day, so we understand what needs to be done to ensure a matter is addressed quickly.

• Collate The Relevant Documentation

Issues such as how the couple’s assets should be divided can be hard-fought and lead to significant delays in the divorce being finalised. To facilitate a fair divorce settlement, both parties must provide comprehensive information regarding their financial situations. By gathering the relevant documentation and information in advance, you will have everything to hand and can mitigate any delays.

• Explore Alternative Dispute Resolution

Litigation is time-consuming and expensive. While it is simply unavoidable in some cases, most divorces can be resolved by the parties and their legal advisors discussing the issues and negotiating a mutually agreeable settlement. If you and your ex-partner need a little extra help in reaching an agreement, alternative dispute resolution methods like mediation, where an impartial third party works with the parties to reach a settlement, can produce excellent results.

Our divorce solicitors firmly believe that our client’s time and resources would be far better spent on adjusting to their new reality and building a future for themselves and their families than on lengthy divorce proceedings. We will work tirelessly to achieve a fair outcome in the quickest possible timeframe, guiding you through the process and supporting you every step of the way.