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Sequence - consent order first or conditional order

  • indelible
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20 Jun 25 #526079 by indelible
Topic started by indelible
Hello, and thank you in advance of any assistance; I thought I knew the process but seems I don't know exact sequence.

1. ~20 weeks ago I started a no fault sole application divorce proceeding
2. my spouse did not contest it
3. I have received an email from Divorce service that I can apply for next step which I want to do but it states:

"Financial order application
The applicant is applying to the court for financial orders for the applicant."

At the same time I am speaking with a solicitor to draft the Financial Consent Order - but that says I need the conditional order but the divorce procedure suggests I am applying to the court for it?

In essense my spouse and I have verbally agreed financies between us, but we need it drafted formally but it seems a little chicken and egg

Please help make it make sense!

  • .Charles
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24 Jun 25 #526093 by .Charles
Reply from .Charles
The divorce application can serve to 'launch' prospective financial claims. That's where the confusion lies. The divorce process cannot deal with a financial application.

In order to obtain a financial order a separate application has to be made - either by consent or otherwise.

However, the court has no ability to deal with an application for a financial order until the conditional divorce order (previously Decree Nisi) has been issued.

It is perfectly possible to obtain the conditional then the final divorce orders and deal with finances at a later date. There are a few reasons not to do this, one of which is to ensure you don't move on without a financial order which happens more than you might think.

Charles

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24 Jun 25 #526095 by indelible
Reply from indelible
Thank you for clarifying

Much appreciated

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