The decree nisi plays an essential role in the divorce process in England and Wales. Now known as a conditional order under reforms introduced in April 2022, a decree nisi marks a key stage in legally ending a marriage or civil partnership, confirming that the court sees no reason why the divorce should not proceed.

Understanding what a decree nisi is - and what it isn’t - can help you feel more prepared as you move through the process. In this guide, we will explain the meaning of decree nisi, how it fits into wider divorce proceedings, and what needs to happen before you are officially divorced. We will also outline how long a decree nisi takes, whether it can be refused, and what happens next.

What Is Decree Nisi?

The decree nisi - now formally known as the conditional order - is a court document issued during the divorce process to confirm that the court is satisfied you have met the legal requirements for divorce. It is not the final step, but it does indicate that the judge agrees the marriage has irretrievably broken down.

In most cases, the decree nisi is granted once the divorce application has been reviewed and no objections have been raised by the other party. At this stage, the court does not yet end the marriage. Instead, it acknowledges that the applicant (previously referred to as the petitioner) has provided enough evidence to move forward.

The pronouncement of decree nisi is often seen as the first stage where the court formally becomes involved in the dissolution of the marriage. While it does not end the marriage or civil partnership, it is necessary before you can apply for the decree absolute - the order that formally ends the marriage.

Why Is a Decree Nisi Now Known as a Conditional Order?

Under the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, the terminology used in divorce proceedings in England and Wales changed. The aim of the new law was to make the divorce process more accessible and to reduce conflict between parties by removing the need to assign blame. As part of this reform, the decree nisi was renamed the conditional order, and the decree absolute became the final order.

Despite the change, many people and legal professionals still refer to the older terms. This is partly because existing legal documents and guidance still use them, and partly because they have been in use for decades. However, conditional order and decree nisi refer to the same stage of the divorce application: confirmation from the court that it sees no reason why the marriage or civil partnership cannot legally end.

The terminology update aligns the language more closely with plain English, helping people better understand where they are in the divorce process. Whether you see the term nisi, conditional order, or decree nisi, UK divorce proceedings use them interchangeably and they all mean the same thing under current law.

Does a Decree Nisi Mean You Are Divorced?

No, receiving a decree nisi or conditional order does not mean you are legally divorced. It simply confirms that the court accepts there is no legal reason to prevent the divorce from proceeding. The marriage or civil partnership is not officially dissolved until the decree absolute or final order is granted.

This distinction is important. At the decree nisi stage, you and your former spouse are still legally married, and you remain financially tied. This means you should not assume your marriage has legally ended or make financial decisions based on that assumption.

Only once the final order is granted does the divorce legally take effect. At that point, you are formally divorced, and any financial ties should be dealt with through separate proceedings, depending on your individual circumstances.

If you're unsure about your status or next steps, speak to a divorce lawyer from our family law team, especially if there are unresolved financial issues, property matters, or concerns about inheritance rights.

How to Apply For Decree Nisi

Once you’ve submitted a divorce application, completed the 20-week waiting period and your spouse has accepted the divorce petition, you can apply for a conditional order. This step confirms to the court that you want the divorce to continue.

You apply by signing a statement confirming that everything in your application is still true. This is usually done online using the HMCTS divorce portal. You can also apply for a conditional order by filling out Form D84 from the government website and sending it to the court through the post. If you applied for divorce jointly with your spouse, either of you can apply for the conditional order once the 20 weeks have passed.

A legal adviser or judge will then review the application. If the court is satisfied that the legal requirements have been met, it will issue a certificate of entitlement and set a date for the conditional order to be made. This is the official point at which the court agrees the marriage can legally end, subject to the final order being granted later.

In most cases, you won’t need to attend court. The conditional order is granted on paper and issued electronically. Once made, you’ll receive a copy of the order and an email confirming the date it was granted.

If you applied jointly but your spouse does not agree to apply for the conditional order, you can choose to continue with your divorce as a sole applicant. This can affect the timeline slightly, but you won’t be prevented from progressing your divorce.

How Long Does a Decree Nisi Take?

The time it takes to receive a conditional order depends on several factors, including how the divorce was applied for and whether both parties respond promptly. The mandatory 20-week waiting period that applies in England and Wales is designed to give couples a clear, structured timeframe to reflect on their decision, and to start resolving practical matters such as childcare and financial arrangements.

Once you apply for the conditional order at the end of the 20 weeks, it usually takes a few weeks for the court to process the application, review the paperwork and issue the conditional order. If all documents are in order and there are no delays at the court, most people receive confirmation of the conditional order date within two to three weeks of applying. However, factors such as court backlogs, missing information, or failure by one party to engage with the process can cause delays.

After the conditional order is granted, there is a further waiting period of six weeks and one day before you can apply for the final order, which legally ends the marriage. This brings the overall timeline - from application to final order - to a minimum of 26 weeks in straightforward cases.

Could a Decree Nisi Be Refused?

While it is uncommon, the court can refuse to grant a conditional order in certain situations. If this happens, it can delay the divorce process and may require you to amend or resubmit parts of your application. Examples include:

• If the court finds that it does not have jurisdiction to deal with the divorce. This may occur if neither party has a strong enough connection to England or Wales, such as habitual residence or domicile. In such cases, the court cannot proceed with the divorce application.
• If the marriage certificate is not submitted, or is damaged or illegible. The court must be able to verify the marriage before moving forward. If you’re unable to provide an original certificate, you should request a certified copy from the relevant registry office.
• If the legal grounds for divorce are not satisfied. Since the introduction of no-fault divorce in 2022, a reason for divorce is no longer required, but both parties must still confirm that the marriage has irretrievably broken down. If this is not properly stated or evidenced, the application may be rejected.

To avoid delays, it’s important to submit all required documents in the correct format, including a clear and complete copy of your marriage certificate. If the court refuses the application, you will be informed of the reason and given an opportunity to resolve the issue.