Q&As

In divorce proceedings if the applicant is delaying applying for the conditional order or final order is the respondent able to apply and if so what is the procedure?

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Published by a LexisNexis Family expert
Published on: 31 August 2023
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This Q&A has assumes for the purposes of this reply that the application for a matrimonial order was made on or after 6 April 2022 and that it has been made by a sole applicant.

In relation to applications for a matrimonial order that were issued by the court on or after 6 April 2022, the court may not make a conditional order unless, in the case of an application that is to proceed as an application by one party to the marriage only, that party has confirmed to the court that they wish the application to continue and such confirmation cannot be given before the end of the period of 20 weeks from the start of proceedings (section 1(5)(a) of the Matrimonial Causes Act 1973 (MCA 1973).

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.9(1) provides that an application may be made to the court for it to consider the making

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