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I have a conditional order

What will happen when the Judge has pronounced my conditional order?

The Court will send you and the Respondent the conditional order.

There is a different version of the conditional order for each of the four grounds for dissolution.

You will see that this form tells you that this is not the final order. It also tells you when you can apply for your final order.

What must I do before I apply for my final order?

If there are children of the family, check that the Court has sent you the form which says the Judge has decided that the final order need not be held up on account of the children.

You cannot have your conditional order made final if the Court sent you a notice that a conditional order should not be made final.

If there are no children, or if you have received the correct notice, then check that 6 weeks have passed since your conditional order was made.

The first date you can apply for your final order is six weeks and one day from the date your conditional order was made.

If you are the Respondent and the Petitioner has not already applied for the final dissolution order, you are able to apply or the final dissolution order three months, six weeks and one day from the date your conditional order was pronounced.

If the application for the conditional order to be made final is lodged more than 12 months after the condition order, an explanation in writing must be lodged with the application for the conditional order to be made final containing the following information:

  • Reasons for the delay;
  • A statement as to whether the parties have lived together (including any dates) since the conditional order;
  • A statement as to whether any child has been born to either civil partner and if they are to be considered a child of the family;

You should check with the Court dealing with the dissolution to find out if you will also need to file an affidavit.

How much will it cost?

You may have to pay a Court fee. Either the Court or your solicitor will advise you of this. Your financial situation may mean you do not have to pay a fee.

Do I need a form to make my conditional order final?

Yes. A notice of application for the conditional order to be made final will need to be completed and sent to the Court office.

What will the Court do with this application?

From your file, the Court will check the following:

  • If there are children;
  • If the Court is satisfied with the arrangements proposed for any children; or
  • Even if the Court is not satisfied, there are no exceptional circumstances affecting the final order;
  • Six weeks have passed since your conditional order was made;
  • There is no other reason why your conditional order cannot be made final;
  • If everything is in order the Court will send you and the respondent a final order.

If you have any questions or need any further advice, please do not hesitate to contact us and we will do our best to accommodate you.

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