Formerly known as the Decree Absolute, a Final Order is the document that officially dissolves a marriage in the UK.
It marks completion of the whole divorce process and is the last stage in its proceedings. This makes both the partners eligible to be remarried at any point in future.
How can you apply for the final order divorce in the UK?
After the conditional order is received, you can apply for the Final Order 6 weeks and 1 day after it. This timeframe can be shortened in rare emergency situations.
Applying for the Final Order is done through the Court’s online portal. If the applicant does not do this, it can be done by the other partner,3 months of conditional order received. This makes it easier to avoid delays if the applicant is slow or unwilling to finalise matters.
Who is eligible to apply for the final order?
As mentioned, both the applicant (the person who started the divorce process) and respondent (other partner in divorce) are eligible to apply for the final order.
It is not unusual for the application for the Final Order to be delayed until other matters have been addressed, most commonly the financial arrangements between the couple.
This is to avoid the risks of the couple ending up without protection if anything were to happen to either of them before financial matters are fully resolved.
The only way to ensure that any financial settlement agreed with your ex is legally binding is to ensure that this is encompassed into an Order of the Court.
This does not need to involve lengthy legal battles and can be done by submitting agreed paperwork to the Court.
The important thing is to ensure that your financial agreement, even if this is confirmation that you will each walk away with what is yours, is recorded in this way.
Without this, there is nothing stopping either of you from seeking to make financial claims against each other in the future. No one wants to be living looking over their shoulder.
Steps to be Followed After Final Order of Divorce:
1. Review and potentially update your Will
Unlike marriage, a divorce does not automatically revoke a Will so it is vital to review your Will to ensure that it still reflects your wishes.
If your former partner was named in your Will, once your Final Order of divorce or dissolution has been made they will be treated as if they had died before you and therefore, not receive any payment.
2. Review and potentially update your Lasting Power of Attorney (LPA)
LPAs only come into effect if you become unable to make decisions about your finances and welfare on your own. Typically, most people appoint their partners as their attorneys.
If you divorce, then the appointment of your partner as your attorney will terminate on the dissolution of the marriage.
If your LPA includes details of alternative attorneys these can still take effect, but if it does not then you will need to create a new LPA to set out who should deal with matters.
3. Record and document any changes to your name
After a divorce, some choose to revert to their maiden name, while others change it to something entirely new.
These changes will need to be recorded in a document known as a Change of Name Deed, so you can officially update your name on your passport, driving licence, bank accounts, etc.
4. Inform utility companies of your updated personal details
Utility companies, banks, insurance companies, doctors, dentists, employers, HMRC and council tax will need your updated personal details on their records. This is particularly important if you have moved house as part of your divorce.
5. Updating the title deeds to your property
In line with your financial settlement, you will need to ensure that if one of you is retaining a property, that you update any changes to the title with the Land Registry.
6. Review and update your emergency contacts
After divorce, you should consider who you would like to act as your emergency contact moving forward and after communicating it to them, you can update your contact with your GP.
7. Review and update the nomination of your Pensions & Death in Service
It is likely that you previously nominated your partner as a beneficiary who receives your pension or death in service benefit if you were to die. If this has been provided as a part of financial settlement, then you have to update your nominations accordingly.
8. Review life and health insurance
You should recheck them to see if they are at an appropriate level to protect you in future and cover any obligations you may have agreed to in the financial settlement.
9. Inform children’s school & activity providers of new contact details
All your children’s school records should be updated with the contact info and ensure that they liaise with both you and your former partner about the children.
Talk to us
If you need any advice regarding a separation, divorce or dissolution, our highly experienced family law team would be happy to help.
We are dedicated to resolving matters as amicably as possible and every solicitor in our family team are members of Resolution which means we have a duty to reduce conflict wherever possible.
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