My Spouse has Failed to Apply for the Final Order of Divorce – What can I do?

Parties

The person submitting the Divorce Application is called the Applicant. The person responding to the Divorce Application is called the Respondent. If it is a joint Divorce Application the parties are called Applicant 1 and Applicant 2.

Applicant’s ability to apply for the Final Order of Divorce

An Applicant in the Divorce proceedings is entitled to apply for the Final Order of Divorce six weeks after the Conditional Order of Divorce is pronounced.

It is usual for the Final Order of Divorce not to be applied for until financial matters have been resolved, and the Financial Remedy Order (the Order setting out the financial agreement) approved by the Judge and sealed by the Court (at which point the terms of the Order are binding) particularly if there are pensions. Every case is different and we can advise you on the timing of the application for the Final Order of Divorce.

Respondent’s ability to apply for the Final Order of Divorce

A Respondent in the Divorce proceedings is entitled to apply for the Final Order of Divorce after the expiration of three months after the earliest date on which the Applicant could have applied for the Final Order of Divorce.

A Respondent would have to make a formal application to the Court on Form D11. Were such an application made by a Respondent, the Court could grant the Final Order of Divorce or order a further enquiry or otherwise deal with the application as the court thinks fit.  

The Court has discretion whether to grant a Final Order of Divorce and may refuse to do so in appropriate circumstances. The Court has to balance the prejudice which might be suffered by each party were a Final Order of Divorce to be granted.   An application for Final Order of Divorce may be refused if there is a real risk of prejudice to the other party.  

A common reason for opposing an application by the Respondent for Final Order of Divorce arises in a case where the Applicant would be financially prejudiced.  

The potential consequences of the Final Order of Divorce being granted the Financial Remedy Order has been approved and sealed by the Court 

It is important to consider if there may be detrimental financial consequences of the Final Order of Divorce being granted before the Financial Remedy Order has been approved and sealed by the Court e.g. the effect on Wills, pensions, home rights notices, life policies etc and the effect of remarriage. We can advise you on this.

Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.