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What a conditional order is

If you started the process of dissolving your civil partnership, you can apply for a ‘conditional order’. This is a document that says the court doesn’t see any reason why you can’t dissolve the civil partnership.

Before you can apply for a conditional order

Before you can apply for a conditional order, you must have:

• decided why you want to end the civil partnership (the ‘facts’)
• filed a dissolution petition and got a response from your civil partner

You can find out about these parts of the process by following the links below.

• Reasons you can 'dissolve' a civil partnership

• Filing court papers to end your civil partnership

If your partner agrees to the dissolution

You can apply for a conditional order if your civil partner shows that they agree to dissolving your civil partnership. They show this on their form D510(6) when they return it to the court.

To apply for a conditional order, you must fill in and return two forms:

• form D84 - ‘Application for a decree nisi/conditional order or (judicial) separation decree/order
• form D80 - ‘Statement in support of divorce / dissolution / (judicial) separation'

You must wait at least nine days after your civil partner has received their copy of the dissolution petition before returning these forms.

The forms will need to show your civil partner:

• has received the dissolution petition
• agrees to the dissolution if you’re using the ‘fact’ that you’ve been living apart for two years as your ‘reason’
• agrees with any arrangement proposed for children

In most cases, your partner’s completed form D510(6) will show all these things, so you should attach it for the Form D80.

You must return these forms to the court dealing with your civil partnership dissolution. You can find your local court using the link below.

• Find your local court Opens new window

What happens when you return the paperwork

Once the court receives these forms, it will arrange a hearing where a judge will review the paperwork.

If you’re not defending the dissolution of the civil partnership, neither of you has to attend this court hearing.

At the court hearing, the judge will decide whether the civil partnership can be ended.

If they do, the court will send you a form D584A (‘certificate of entitlement to a dissolution order’). This is a document that says there is no legal reason why your civil partnership can’t be dissolved.

But remember, you will still have to get a ‘final order’ before your civil partnership is legally ended. Find out more about getting a final order by following the link below.

• Getting a final order to end your civil partnership

If your partner doesn't agree with the dissolution

If your civil partner disagrees with the dissolution, or the reasons you’re claiming for it, they may choose to defend it.

They will show this on their form D510(6).

If this happens, it’s a very good idea to get some professional advice. Defending a dissolution can:

• cost a lot in legal fees
• be time consuming
• be upsetting for everyone involved

It’s much better for everyone if you can agree the reasons for a dissolution before it goes to court. Mediators or solicitors can help you to do this.

• Solicitors, mediation and legal advice to end a relationship

If the court doesn't agree with the dissolution

If the court isn’t happy with the dissolution, or needs more information before it can decide, it will let both of you know. You will receive a form D79 (‘Notice of a refusal of Judge’s certificate’).

The form will tell you what the problem is. In most cases, it means the court needs more information. It will tell you what it needs to know on the form D79.

If the judge thinks that they can’t make a decision using written information, they may ask you to attend a court hearing.

If this happens, it’s a good idea to make sure you’ve got some professional advice.

• Solicitors, mediation and legal advice to end a relationship