| 释义 |
conditional order
The initial form of a divorce order or a nullity of marriage order following full commencement of the Divorce, Dissolution and Separation Act 2020. The conditional order is therefore the equivalent of the old decree nisi. For most purposes, the parties to the marriage are still married until the conditional order is made final. Under the Matrimonial Causes Act 1973 (as amended by the 2020 Act), a conditional order must be made where one or both parties to the marriage apply for a divorce order accompanied by a statement that the marriage has irretrievably broken down. That said, before the conditional order can be made, one or both parties must confirm that they wish the application to continue, and they cannot generally provide such confirmation until 20 weeks after the commencement of proceedings. The divorce order may not generally be made final until six weeks after the conditional order is made. During the period between the conditional order and the divorce order the Queen’s Proctor or any member of the public may intervene to prevent the order being made final and the order may be rescinded if obtained by fraud. Similar intervention is possible before a nullity of marriage order is made final. Civil partnerships have always used the term “conditional order” with regard to their dissolution. |