Divorces can sometimes be lengthy and emotionally charged proceedings, so feeling like the end is in sight might be of great relief to those caught up in it.

However, the last stages of a divorce are not the time to take your eye off the ball, as this can prevent the divorce from being successful or could create more issues later on.

Knowing how to successfully implement a Final Order is vital if you want to bring your divorce to a close and begin a new chapter of life.

What is a Final order?

If you have past experience with a divorce, either personally or through someone you know, then you may be familiar with a decree absolute.

This was the name for the legal document that signalled the full ending of a marriage and the success of a divorce for any divorce proceedings started before April 2022.

Since that time, the decree absolute has been replaced by a Final Order in line with the update to divorce that established the no-fault divorce.

The Final Order will be necessary to show that you are no longer legally married.

Why should you not overlook a Final Order?

While a Final Order does end your marriage, it does not necessarily resolve all of your financial ties.

Your former spouse might still have the power to make claims against your assets unless you are able to make provisions to protect them.

This might include property, savings, pensions or wealth that you have accumulated after the divorce has taken place.

This is why having a well-written Final Order is vital, as this is the most effective way to ringfence your assets both now and in the future.

However, you should not panic and rush the drafting of a Final Order to simply try to protect your estate.

Instead, taking the time to follow the proper process and create an effective Final order with the support of legal experts is the best course of action.

How do I apply for a Final Order?

Applying for a Final Order is a relatively straightforward process.

You have to wait a minimum of 43 days after receiving your Conditional Order before you can apply for a Final Order.

However, you should submit your Final Order within 12-months after your Conditional order and any delays beyond this will need to be justified.

The easiest way to get a Final order is in instances when both parties confirm that the divorce was a joint application.

If this is not the case, you can usually step in after an additional waiting period of three months.

The court will then be able to review your application and check that it meets the requirements before issuing the Final Order.

This is where we are able to offer advice and support in ensuring that your application contains sufficient protection of your legal rights and your estate.

At Palmers, we want to help protect the people of Essex by supporting them through all of life’s ups and downs with expert legal advice.

This involves making sure that when a divorce is necessary, it is handled sensitively and with your best interests at heart. Speak to our team for support with your divorce proceedings.