By Sital Somaiya, Founder and Solicitor. Last reviewed 15 October 2026.
Key points
- The final order, formerly called the decree absolute, legally ends your marriage.
- You can apply 6 weeks and 1 day after the conditional order is pronounced.
- Most people should wait until a financial order has been approved, because some rights end the moment you are divorced.
- The final order does not end financial claims between you. Only a court order, ideally a clean break, does that.
For many people the final order feels like the finish line, and they apply the day they can. That can be a mistake. Once you are divorced, you lose rights that exist only between spouses, and some of them cannot be got back. This guide explains when to apply and what changes.
To see where you are in the process, use our divorce route planner.
In this guide
- When you can apply
- Why you should usually wait for the finances
- Do not remarry before applying for a financial order
- The final order does not end financial claims
- What changes after the final order
- If the applicant will not apply
- Frequently asked questions
- Talk to us
When you can apply
| Who | When they can apply |
|---|---|
| Applicant (sole application) | From 6 weeks and 1 day after the conditional order is pronounced |
| Respondent (sole application) | If the applicant has not applied, 3 months after the applicant first could |
| Joint applicants | Together from 6 weeks and 1 day, or one of you alone after giving the other 14 days’ notice |
| Anyone, more than 12 months after the conditional order | You can still apply, but must explain the delay to the court |
The final order is usually made shortly after you apply. Our conditional order guide explains the stage before it, and our divorce timeline shows how it all fits together.
Why you should usually wait for the finances
While you are still married, you keep certain rights simply because you are a spouse. The final order ends them. If your financial order is not yet in place, losing them can leave you exposed.
| What you could lose | Why it matters |
|---|---|
| Widow’s or widower’s pension benefits | If your spouse dies after the final order but before a pension sharing order is made, you may receive nothing from their pension |
| Inheritance if your spouse dies without a will | A spouse inherits under the intestacy rules. A former spouse does not. |
| Home rights | If the home is in your spouse’s sole name, your statutory right to live there usually ends with the final order unless the court has ordered it to continue |
| Benefits under their will | Gifts to you in your spouse’s will take effect as if you had died, so you lose them |
| Some insurance and death-in-service benefits | Schemes may pay out differently once you are no longer a spouse |
For these reasons, solicitors usually advise waiting until the court has approved a consent order or made a financial order, and in many cases applying for the final order only once that order is in place. Our guides to pension sharing orders and matrimonial home rights explain the risks in more detail.
Do not remarry before applying for a financial order
This trap catches people years after they divorce. If you remarry before you have applied for a financial order, you can lose the right to make most financial claims against your former spouse. Applying first protects your position, even if the case takes longer to finish.
The final order does not end financial claims
Being divorced does not stop either of you making a financial claim against the other later, sometimes many years later. In Wyatt v Vince (2015), the Supreme Court allowed a former wife to bring a claim nearly 20 years after the divorce. Only a court order, ideally including a clean break, closes those claims for good.
What changes after the final order
- Your will. Gifts to your former spouse, and their appointment as executor, take effect as if they had died. The rest of the will remains valid, but it may no longer do what you want. Make a new will. See our will writing service.
- If you remarry, marriage revokes any existing will, so you will need another new one then.
- Pension and life insurance nominations. Update who should receive benefits if you die.
- Your name. Banks and the passport office usually ask for a copy of the final order.
- Keep the final order safely. You will need it if you remarry or deal with any later financial matters.
If the applicant will not apply
Sometimes the applicant delays, perhaps to keep pension or home rights. If you are the respondent in a sole application, you can apply yourself three months after the applicant could first have applied. The court may want to know why the applicant has not applied, and can deal with the application at a hearing.
An example
Tom’s conditional order was pronounced in March. He was keen to be divorced and planned to apply in April. His solicitor pointed out that his wife’s large defined benefit pension was not yet shared, and if she died after the final order, any widower’s benefits from it would be lost. They waited. The court approved a consent order including a pension sharing order in July, and Tom applied for the final order the following week.
This is an illustrative example, not a real case.
Frequently asked questions
Is the final order the same as the decree absolute?
Yes. Under no-fault divorce, the decree absolute was renamed the final order. It has the same effect: it legally ends the marriage.
Should I apply for the final order as soon as I can?
Usually not if your finances are not yet settled. Waiting until a financial order is approved protects pension, inheritance and home rights you would otherwise lose.
What happens if I wait more than 12 months?
You can still apply, but you must explain the delay to the court. Waiting for a financial order to be approved is a common and accepted reason.
Can my spouse apply for the final order if I do not?
In a sole application, the respondent can apply three months after the applicant first could. In a joint application, either of you can apply alone after giving the other 14 days’ notice.
Does the final order sort out our finances?
No. Financial claims remain open until a court order deals with them. Ideally, the order includes a clean break so neither of you can make claims in the future.
Sources
- Get a divorce: apply for a final order, GOV.UK
- Matrimonial Causes Act 1973, section 28, legislation.gov.uk
- Wills Act 1837, section 18A, legislation.gov.uk
Talk to us
Signature Law advises on the timing of the final order and the financial orders that should come first, in Romford, Essex and East London. Use our divorce route planner or speak to our divorce solicitors in Romford.
Request a callback, or call 01708 398 851.
