Going through a divorce can be a challenging experience for all involved. Emotions can often run high, and the situation can feel incredibly overwhelming. The process of divorce is fairly simple in theory, but the timeline for how long the process takes can vary based on the circumstances.
In some cases, the proceedings may be drawn out, for example, if one party is contesting the divorce, or if there are complicated issues involving children or financial assets.
We will look closely at the factors that influence the timeline of divorce proceedings and what you can do to expedite the process.
Dealing with divorce or family legal issue? Our experienced team can provide the help and support you need. Explore our Divorce and Family Law section to learn more about how BGW can help.
How long does a divorce take in the UK?
The average time of divorce proceedings can take a minimum of six months, even if your circumstances are simple. Because of the no-fault divorce laws implemented in England and Wales in April 2022, the minimum timeframe for obtaining a divorce has been streamlined.
Under this law, couples no longer need to assign blame to one another, thus simplifying the initial stages of the process. However, the six-month minimum requirement for the entire divorce still exists, designed to allow couples time to reflect on the decision and consider reconciliation. Learn more about obtaining a divorce settlement.
What is the divorce timeline in the UK?
The legal process for a divorce has several stages:
Application for Divorce
The first step in the divorce process is submitting a divorce application, which can be done as a joint or sole application. This application is usually completed online and requires information about the marriage, the grounds for divorce, and relevant personal details.
A joint application is often quicker as it is understood that both spouses agree to the divorce. This could mean there is less chance of any unnecessary delays.
Once the application is submitted, the court will review it. The marriage or civil partnership must have lasted for at least one year and the court has to be satisfied that the marriage or civil partnership has broken down irretrievably.
If everything is in order, the court will issue a ‘notice of proceedings’ to the other spouse — to which they have two weeks to respond and complete an acknowledgement of service.
Application for Conditional Order
After filing for a divorce, a couple must obtain a ‘conditional order’ (previously known as a ‘Decree Nisi’). This phase typically lasts around 20 weeks. During these weeks, the applicant must inform the court and their spouse about the intention to divorce.
The 20-week waiting period helps to address any emotional considerations and provides both parties time to prepare.
Application for Final Order
Once the conditional order is granted, there is a mandatory waiting period of an additional six weeks before the applicant can apply for a ‘final order’ (formerly the decree absolute). This marks the legal end of the marriage. Thus, even in simple cases, the entire process from application to final order takes a minimum of around six months.
We strongly recommend not to make an application until all financial settlements have been concluded before finalising the divorce.
Can a divorce be delayed?
There are a number of reasons why divorce proceedings can take longer than usual. For example, it may take time to come to a financial agreement if one party rejects a proposed settlement or if there are complications regarding assets.
Disputes over arrangements for any children can also prolong the process, as both parties may need to negotiate or seek mediation to reach a suitable agreement.
The nature of the divorce — whether it is uncontested (both parties agree on terms) or contested (disputes over terms) — also impacts the timeline.
An uncontested divorce is generally quicker, as both parties can reach agreements on key issues without going to court.
Contested divorces involve disputes resolved through legal proceedings, which can stretch the process for several months or even years.
What can I do to speed up the divorce process?
If the nature of the divorce is due to adultery or unreasonable behaviour, you can have grounds for what is known as a ‘quick divorce.’ This type of divorce allows one party to file for a divorce petition based on specific reasons without having to undergo the typically longer process associated with mutual agreements.
Another option is to consider mediation. Unlike litigation, mediation involves both parties working collaboratively with a neutral third party who helps facilitate discussions. This approach can lead to quicker resolutions regarding property, child arrangements and other matters.
You’ll also want to make sure that any paperwork such as legal documents are submitted on time. Missing deadlines can lead to delays that could prolong the process.
What if I wish to re-marry?
There is no legal waiting period once you have received your final order. However, it’s important to ensure all proceedings have been completed before you consider remarrying. Any ongoing disputes such as property or child custody will need to be resolved before you can officially re-marry.
Speak with BGW Solicitors
If you are considering filing for divorce, BGW Solicitors is here to help guide you through the process. Our solicitors specialise in all aspects of family law, including divorce, dedicated to providing you with professional legal advice and support during this challenging time.For your convenience, we offer meetings in any of our three offices — Castle Cary, Cheddar, and Shepton Mallet — or online meetings, to save on travel time. Contact our legal team to get started.
