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?
A divorce in England and Wales normally takes at least seven months from application to Final Order. It may take longer where there are delays with service, paperwork or other procedural issues. 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, confirmation that the marriage has broken down irretrievably, and relevant personal details.
A joint application may be suitable where both spouses agree that the marriage has broken down and can manage the divorce process together.
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 and one day (43 days) before the applicant can apply for a ‘final order’ (formerly the decree absolute). This marks the legal end of the marriage. GOV.UK advises that a divorce normally takes at least seven months from beginning to end, even for simple cases.
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. Delays can occur if one party does not respond promptly, there are difficulties serving documents or additional information is required during the application.
Financial matters can also take longer to resolve if one party rejects a proposed settlement or there are complications regarding assets. However, these are generally dealt with separately from the divorce itself.
Disputes over arrangements for any children can also continue alongside divorce proceedings. Both parties may need to negotiate or consider mediation to try to reach an agreement.
The divorce itself is now based on no-fault law, so disagreements over finances or child arrangements will not usually amount to contesting the divorce. However, these separate matters can take considerably longer to resolve.
What can I do to speed up the divorce process?
The statutory waiting periods apply regardless of the reason the marriage ended, so there is no standard “quick divorce” route based on adultery or behaviour. However, avoiding paperwork errors and responding promptly to court correspondence can help prevent delays.
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.
What if I wish to re-marry?
You’ll be free to remarry once the Final Order has been granted and the marriage has legally ended. However, unresolved financial matters should be considered carefully before finalising a divorce, as obtaining the Final Order can have financial consequences in some circumstances.
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.