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A decree nisi was a court order confirming that the court could see no reason why your divorce should not go ahead. It meant your application had met the legal requirements, but your marriage was not yet legally ended.
At this stage:
You could not remarry
Your marital status remained legally intact
It signalled the time to deal with finances, property and child arrangements before the final stage of divorce
In essence, the decree nisi was the court saying: “Your divorce is valid in principle, but it is not final yet.”
As of 6 April 2022, decree nisi is now called a conditional order. Along with the new name, there are also some process changes:
Before (Old System)
Decree Nisi: Second stage of divorce, confirming the court accepted the petition
No fixed minimum wait before applying for decree nisi
Grounds for divorce were often “fault-based” (for example adultery or unreasonable behaviour)
Divorce could, in rare cases, be contested
Now (New System)
Conditional Order: The updated name for decree nisi
You must wait 20 weeks from the date of the divorce application before applying for a conditional order (a built-in “reflection period”)
Divorce is now no-fault: you only need to state that the marriage has irretrievably broken down
Defended divorces are no longer allowed except on limited technical grounds
Today’s divorce process in England and Wales has three key stages:
Divorce Application – One or both spouses apply for divorce, stating the marriage has irretrievably broken down
Conditional Order (formerly Decree Nisi) – The court confirms the divorce can proceed
Final Order (formerly Decree Absolute) – This legally ends the marriage and allows either party to remarry
The conditional order remains the midpoint of the divorce journey, giving couples time to settle important financial and practical matters before the final step.
The law now requires a 20-week reflection period between the application and the conditional order. This waiting period allows couples to:
Reflect on the decision to divorce
Resolve financial arrangements such as property, pensions and maintenance
Agree child arrangements, custody and financial support
Once the conditional order is granted, you must still wait at least six weeks and one day before applying for the final order (formerly decree absolute).
Sarah and Mark, married for 15 years, chose to divorce amicably. Under the new system, they applied jointly for divorce. During the 20-week waiting period before the conditional order, they finalised their financial settlement and agreed child arrangements.
By the time their final order was granted, everything was resolved, making the process smoother and less stressful.
1. Can I remarry after a decree nisi/conditional order?
No. You must wait until the decree absolute (now called the final order) is granted.
2. How long does it take to get a decree nisi/conditional order?
There is a mandatory 20-week wait from the application to the conditional order. The court then reviews and confirms the order.
3. What happens after the conditional order?
You can apply for the final order six weeks and one day later, provided financial and practical matters are resolved.
4. Can a conditional order be refused?
Very rarely. The court may delay or refuse it if there are legal issues such as incorrect paperwork or a dispute over the validity of the marriage.
Use the Reflection Period Wisely – Finalise finances, pensions and property agreements early
Plan for Children – Agree child arrangements, care and routines
Seek Legal Advice – Even with no-fault divorce, professional advice protects your rights
Do Not Rush – Take time to prepare for life after divorce before applying for the final order
Decree Nisi = Conditional Order – Same stage, new name
It confirms the divorce can proceed but does not end the marriage
There is now a 20-week reflection period before this stage
You cannot remarry until the final order (formerly decree absolute) is granted
Using this stage wisely can prevent disputes and make the final step much smoother