No matter how many times we hear the phrase in the media, there is no such thing as a “quick divorce.” Yes, some couples divorce sooner than others, but this can be for a variety of reasons, and in either case, the procedure is essentially the same, with no shortcuts. This is not to say that your divorce cannot be handled professionally, methodically, and with the greatest possible outcome, but it does indicate that you should not have unrealistic expectations of it being “quick.”
The myth of the so-called quickie divorce likely arose from the length of time it takes a judge to pronounce the Decree Nisi in open court, a place where journalists frequently sit and wait to hear the names of the divorcing celebrities read out so they can then write a story along the lines of how Mr. and Mrs. Famous Person ended their marriage in 60 seconds. What is rarely mentioned is that neither party is required to attend the Decree Nisi pronouncement hearing (unless they are unable to reach an agreement on the divorce fee and choose to make recommendations to the judge), nor is the Decree Nisi the end of the process. A marriage cannot be dissolved until a Decree Absolute is received, which can only be obtained six weeks and one day after the Decree Nisi. Except in the most extreme of circumstances, this period is fixed.
How long does the divorce procedure take?
This is very dependent on the pair in question and the complexity—or lack thereof—of their circumstances. Although I have dealt with divorce cases that took roughly six months from start to finish, these were instances where both parties agreed on all essential points and there were no court delays.
In general, most divorces take between eight and 18 months to complete. Every divorce and civil partnership dissolution in England and Wales requires one person to file a petition in court based on irretrievable breakdown, which must be supported by one of five different facts: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent. The approach is the same regardless of whether facts are relied on. The respondent must next formally inform the court whether or not they challenge the divorce or dissolution. Once the court receives this acknowledgement, the petitioner can seek a decree nisi, or conditional order, which is the court’s affirmation that the relationship is divorceable or dissolvable. When the court issues this decree or order, there is a six-week cooling-off period before filing an application for the decree absolute, or final order. The marriage or civil partnership is finally terminated at this moment.
What could cause my divorce to be postponed?
What can cause a delay in the final decree—the decree absolute—is how long it takes the parties to reach an agreement on financial arrangements or child custody arrangements. This is why seeking the opinion of an expert family lawyer is critical: each case is unique and tailored to your personal circumstances.
Even the proposed introduction of “no-fault divorce” will not necessarily shorten the procedure, but it is believed that it will remove most of the vitriol from many divorce cases.
Take heart: it is far better for you and those close to you to get a divorce settlement that allows you to begin your new life with optimism and joy. Fast is not always the best option. If you have any questions, please contact us and we will gladly assist you.
