Final Order Divorce UK: A Complete Guide

Family - 5 min read

A Final Order, previously called the Decree Absolute, is the court document that legally ends a marriage in England and Wales and allows you to remarry.

It can usually be applied for online from 6 weeks and 1 day after the Conditional Order is granted, although it may be delayed in practice until financial arrangements are finalised.

Importantly, the Final Order does not settle finances or stop future financial claims by itself, so a legally binding financial order should normally be in place first. If one person applies on their own and does not progress the case, the other party can usually apply later to avoid indefinite delay.

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:

Step Action Purpose
1. Review your Will Ensure your Will reflects your current wishes and remove your former partner if necessary Divorce does not revoke a Will, so updates prevent unwanted inheritances
2. Update your Lasting Power of Attorney (LPA) Review or create a new LPA if your ex-partner was named as attorney Appointments of a spouse end upon divorce
3. Record any name change Create a Change of Name Deed to revert or adopt a new name Allows you to update passports, bank accounts, and official records
4. Inform utility and service providers Notify banks, insurers, employers, HMRC, and local authorities of changes Ensures records and correspondence are updated correctly
5. Update property title deeds Amend Land Registry details to reflect ownership agreed in financial settlement Confirms legal ownership and avoids future disputes
6. Update emergency contacts Nominate a new emergency contact and inform your GP Keeps medical and personal records current
7. Review pension and death-in-service nominations Check who is listed as your beneficiary and update as needed Ensures benefits are directed according to your wishes
8. Review life and health insurance Confirm coverage levels and make any necessary adjustments Protects your financial position after divorce
9. Inform children’s schools and providers Provide updated contact information for both parents Ensures schools communicate with the correct guardians

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.