What Is the Difference Between Decree Nisi and Decree Absolute?

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. 

The Act introduces 'no fault divorce’ in that it removes the requirement to establish a fact as to the reason for the divorce and allows either or both parties to a marriage to apply for a divorce order which dissolves the marriage on the ground that the marriage has broken down irretrievably.

Under the new law, the language relating to divorce and dissolution has been updated as follows: 

• Petitioner becomes Applicant 
• Decree Nisi becomes a Conditional Order
• Decree Absolute becomes a Final Order

Our divorce lawyers explore the differences between a Decree Absolute and Decree Nisi.

Divorces that started on or before 5 April will continue to progress under the old law. 

The Decree Nisi is the first stage of the two-part divorce order which culminates in Decree Absolute.

In undefended cases, the petitioner can apply for Decree Nisi at any time after the filing of the acknowledgement of service has expired, provided that no party has filed an acknowledgement of service indicating an intention to defend the case. 

The court cannot make a final financial remedy order before pronouncement of Decree Nisi. A court only has jurisdiction to make a financial remedy order that takes effect on or after Decree Nisi. 

You will remain married until Decree Absolute. The Decree Absolute brings the marriage to the end and confirms that you are formally divorced.

Divorces that started on or after 6 April 2022 will be subject to the provisions of the new law. 

The Conditional Order is the first stage of the two-part divorce order which culminates in the Final Order. 

The Conditional Order can be applied for 20 weeks from the date of the divorce application provided that the time for filing the acknowledgement of service has expired and no party has filed an acknowledgement of service indicating an intention to dispute the proceedings. 

The introduction of a 20-week period is intended to allow separating couples to resolve issues relating to finances or the arrangements for any children. 

As referred to above, you will need to wait until you have your Conditional Order before asking the court to approve a financial consent order and before the court can make a final financial remedy order.

You will remain married until the Final Order. The Final Order brings the marriage to an end and confirms that you are formally divorced.

If you know the case number and the court, you can apply to the court for a copy. It costs £11 if you know both the case number and the court.

You can ask the court to search their records if you do not know the case number. It costs £45 to search a ten-year period.