Can you apply to shorten the period between issuing divorce proceedings and obtaining the conditional order?
The Divorce, Dissolution and Separation Act brought into effect a minimum 20-week period from the commencement of divorce proceedings to a conditional order* being made. It was thought that the 20-week wait would allow more time for divorcing couples to agree practical arrangements where reconciliation is not possible and divorce unavoidable.
A national firm broadcast last week that it had successfully applied to the court to shorten the 20-week window for its client, who has serious and life-limiting health issues.
The application itself was about safeguarding financial independence and the notion that any delays may have adversely affected the client.
Section 1(8) of the Matrimonial Causes Act states that the court, dealing with a particular case, can shorten the 20-week period; however, the legislation does not provide a list of reasons why an exception can be made. The firm in question worked on the basis that under the old rules, applications could be made to shorten the time between a decree nisi and decree absolute (6 weeks and 1 day) on health grounds.
A conditional order was made 10 weeks after the divorce application was issued.
*Conditional order replaced decree nisi on 6th April 2022. Conditional order acts as the first of two decrees that you will need to obtain to get divorced. 6 weeks and a day after the court makes a conditional order you may apply to the court for a final order (previously referred to as decree absolute). This legally end the marriage.
