What is a final order? How do you apply for one? How long will it take to receive the final order after applying for it?
What is a final order?
In a divorce, the final order is the document that confirms your marriage has been dissolved. It is the third step in the process, after making the application and obtaining the conditional order. Once the final order has been pronounced, you will be legally divorced.
It is usually advisable not to apply for the final order until you have resolved your finances and that agreement is recorded in a financial consent order. If you have solicitors instructed, check with them if it is in your best interests to apply for the final order before doing so. Hayley Symes explores this point further in her article ‘Should I apply for a final order in my divorce?‘
You will also need the final order to send to the pension provider for them to implement any pension sharing orders.
Who can apply for the final order?
Initially only the applicant can apply for the final order, and they can do so after 6 weeks and 1 day have passed since the conditional order was granted. If they do not apply for it within 3 months after the 6 weeks and 1 day have passed, the respondent can apply. If you have a joint divorce application, then either applicant can apply for the final order.
How do I apply for the final order?
The final order can be applied for online via the GOV.uk website. If you have instructed solicitors, then they will have access to the court portal and will do this on your behalf. If you are dealing with the divorce yourself then you will have your own GOV.uk account which you would have created when applying or responding to the divorce.
You will be able to apply for the final order using the account you created when creating the application. It is a simple ‘tick box’ exercise.
How long will it take to receive the final order after applying for it?
Once you have applied for the final order, there is no specific time frame for when you will receive it. It depends on how quickly the court take to process the application. You could receive it the same day however in some cases it might take a few weeks to process.
It is important to remember that you will not be legally divorced until the final order has been made.
How will I receive the final order?
You will receive the final order the same way you received your conditional order. If you are dealing with the divorce yourself, you will receive a notification by email that your final order has been pronounced and you will be able to download a copy of it from your GOV.uk account.
If you have instructed solicitors to conduct the divorce for you, they will receive the notification and will be able to download the final order to send to you.
If you are the respondent in the divorce, you will be notified of when the applicant has applied for the final order. You will again be notified when it has been pronounced and will be able to obtain a copy of your own using the same methods as outlined above.
Do I need to update my Will?
You will see from the notes on your final order that your divorce affects your Will and you should look to update this if you have not done so already to make sure your estate passes to your intended beneficiaries. You should also review any policies or pensions of which your ex-spouse may have benefitted. Ian Newcombe in our Private Client Team explores further in his article ‘Updating your Will‘.
If you would like to discuss the final order, or the divorce process more generally, contact the Family Finance team at Stephens Scown who can assist you with the process.