Even if you and your former partner are on amicable terms, navigating a divorce can be an emotionally challenging experience. Most individuals want the process to conclude swiftly, allowing everyone involved to move forward.
On April 6, 2022, new divorce legislation was introduced to streamline the divorce process. The new no-fault divorce law aims to reduce conflict, although it may slightly extend the duration of divorce proceedings in some cases.
Under the new rules, obtaining a divorce will typically take around 7 months. This extended timeframe is due to a mandatory 20-week waiting period before applying for the conditional order, a critical step in the divorce process.
Previously, the typical divorce timeline in the UK ranged from 4 to 6 months, so some couples may experience a slight delay in finalising their divorce. However, this delay is offset by the simplified process and the elimination of the need to assign blame for the marriage’s breakdown. Furthermore, the ability to contest a divorce has been removed, eliminating a significant potential source of delay in divorce proceedings.
Key changes to divorce legislation
Several significant changes have been implemented in UK divorce legislation. Although the grounds for divorce remain the same—namely, the irretrievable breakdown of marriage—there is no longer a requirement to provide specific reasons for this breakdown.
Under the previous divorce rules, the applicant had to cite a reason for the marriage’s end, such as desertion, adultery, or unreasonable behaviour. This often resulted in one party having to assign blame to the other, potentially leading to negotiation delays before formal divorce proceedings commenced.
With no-fault divorce, neither party is required to provide a reason for the divorce. Both individuals may file a joint application if desired, and there is no longer a need to assign blame.
Other key changes under no-fault divorce law include:
- The non-applicant spouse has no opportunity to contest the divorce (except in rare circumstances)
- A mandatory 20-week waiting period to apply for the Conditional Order (replacing the Decree Nisi), followed by a 6-week wait to apply for the Final Order (formerly the Decree Absolute) after the Conditional Order is granted
- The individual initiating the divorce is now referred to as the applicant (formerly known as the ‘petitioner’)
Why has UK divorce law changed?
Under the previous divorce rules, one spouse had to assign blame for the marriage’s breakdown, or the couple had to live apart for at least 2 years before filing for divorce. This requirement could escalate conflict during an already challenging time or significantly delay the divorce process.
If one spouse contested the divorce, the applicant could face a 5-year wait before being granted a divorce. However, under the new rules, contesting a divorce is no longer an option, eliminating this potential delay.
How long does it take to get divorced in the UK?
The legal process of finalising a divorce can take a minimum of 7 months, assuming all divorce paperwork is completed promptly. However, resolving matters related to finances and childcare arrangements may extend this timeline, depending on the complexity of the issues and the speed of agreement between the parties.
The minimum 7-month timeframe does not include potential court delays, administrative errors during the application process, or delays caused by the respondent.
Each divorce case is unique, and the timeframe will vary based on individual circumstances. To assess the expected duration of a divorce, it’s crucial to consider the case’s complexity and the duration of each stage. Seeking specialised advice early on can provide clarity about what to anticipate during the divorce process.
How long does it take to fill out a divorce application form?
The initial step in applying for a divorce involves completing the online application form. This form requires the applicant to assert that the marriage has irretrievably broken down and specify whether they are filing as a sole or joint applicant.
Applicants must provide both spouses’ names, contact information, and their original marriage certificate or a certified copy. Additionally, it’s necessary to confirm that the court has jurisdiction to handle the case, typically by verifying that both parties are habitually resident in England or Wales.
Seeking legal advice from a solicitor before completing the divorce application is advisable.
The time required to complete the online application can vary from 15 minutes to an hour, depending on the applicant’s familiarity with online forms and their understanding of the legal inquiries involved.
How long does it take to file a divorce application?
If you submit your divorce application online, it will be automatically processed by the relevant court. Alternatively, if you choose to submit a paper application, you will need to send it to your local family court.
Upon submission, you should receive a notice confirming that the application has been issued, along with a case number. Additionally, you will receive a copy of the application stamped by Her Majesty’s Courts and Tribunals Service. If you are the sole applicant, the court will also send a copy of the application form to your ex-partner.
Typically, an online application can be processed and the divorce officially “issued” in as little as 10 days. However, if you submit a paper application by post, it may take up to a month for the divorce to be issued.
How long does it take for divorce papers to be served in the UK?
The duration for divorce papers to be served varies based on the application method. After submitting an application online, it generally takes up to 10 days for papers to be served. Conversely, if the application is made by post, it can take up to a month for the papers to be served.
How long do you have to respond to a divorce application?
Couples seeking divorce can now opt for a joint application or an individual application (sole application).
In a sole application, the court will dispatch an ‘Acknowledgement of Service’ and a Notice of Proceedings to the spouse who did not initiate the application (referred to as the ‘respondent’). Upon receiving these documents, the respondent has a 14-day window to complete and return the Acknowledgement of Service.
If the respondent fails to respond within this 14-day period and the court confirms receipt of the application, the divorce can proceed without contestation during this timeframe.
With a joint application, both parties must furnish their details and agree that the marriage has irretrievably broken down. One party typically initiates the process (often online), prompting the other party to verify all details upon setting up their own online account.
How long does it take to get a conditional order?
After the court has issued your divorce, you must wait a minimum of 20 weeks before applying for the conditional order. This waiting period allows time for reflection, during which both parties can consider their circumstances and confirm their intention to proceed with the divorce. It also provides an opportunity for formal arrangements to be made regarding child care and the division of family finances.
The conditional order, once granted, signifies that the court finds no impediment to the parties obtaining a divorce. To finalise your divorce, you will need to apply for a final order.
How long does it take to get a final order?
After the conditional order has been issued, there is an additional waiting period of 6 weeks before the parties can apply for the final order.
Once the final order is granted, the divorce becomes legally binding and finalises the process. Previously, under the old divorce law, the final order was known as the decree absolute.
How long does a divorce financial settlement take?
When going through a divorce, couples will need to reach a financial agreement that covers the separation of property, investments, shares, pensions, personal belongings, and arrangements for children.
In the division of assets during a divorce, the starting point is often viewed as a 50/50 split, although final outcomes can vary from this principle. Section 25 of the Matrimonial Causes Act 1973 is referred to in order to guide the division of finances. This law emphasises fairness by considering each individual’s income, earning capacity, future financial responsibilities, and contribution to the marriage.
Given the complexity of financial assessments and the potential for complicated financial situations, reaching a financial settlement can take anywhere from 9 months to 1 year.
The time required for divorce proceedings largely depends on the complexity of the divorcing couple’s financial situation. If both parties can agree on a financial settlement voluntarily through a consent order, this process is typically faster than in situations where a court must intervene to determine the division of finances under a court-imposed financial order.
How long does it take to make childcare arrangements during a divorce?
Child arrangements should ideally be settled promptly to provide stability for your children during a divorce. Ideally, parents can negotiate these arrangements privately or through mediation, often without external involvement.
If a divorcing couple cannot agree on child arrangements, they may need to seek a Child Arrangements Order from the court. The process for obtaining a Child Arrangements Order can vary depending on the circumstances. Typically, it begins with one parent submitting an application to the court, which then notifies the other parent of the application.
CAFCASS (Children and Family Court Advisory and Support Service) may conduct background checks on both parents involving social services and the police. The next step usually involves both parents attending a preliminary court hearing. Depending on the complexity of the case, further hearings may be necessary to finalise the details and formalise the Child Arrangements Order.
The process of obtaining a Child Arrangements Order can take anywhere from 6 months to 1 year.
Generally, agreeing on child arrangements through mediation is preferred and faster than going to court, although mediation may not be suitable for every case.
Is a joint divorce application quicker?
A joint divorce application typically speeds up the initiation process. Unlike individual applications, a joint application does not require an acknowledgement of service. This means that once the application is issued, the 20-week waiting period for the conditional order can commence.
However, joint applications still depend on both parties being proactive and promptly signing all necessary documents. Delays may occur if one spouse is less efficient than the other in completing these steps.
How long does family meditation take?
Family mediation is a process commonly employed during divorce proceedings, where a professional mediator assists families in arranging their finances and childcare arrangements. By negotiating these matters through mediation, families may avoid the need to go to court.
Before engaging in family mediation, divorcing couples must attend a Mediation Information and Assessment Meeting (MIAM), which typically lasts around 45 minutes. The purpose of this session is to evaluate whether the case is suitable for mediation.
The duration of divorce mediation varies based on individual circumstances and the ease of agreement and negotiation between the couple. Some couples may resolve their childcare and financial arrangements within one or two mediation sessions, while others may require a longer mediation process lasting between 3 and 6 weeks.
What is the average length of time a divorce takes?
Currently, the typical timeframe for obtaining a divorce is around 6–8 months, although this duration can vary based on individual circumstances.
For a more accurate understanding of the timeline specific to your divorce, it’s advisable to seek guidance from a divorce solicitor. A qualified divorce lawyer can assess the details of your case and offer a realistic estimate of the expected timeframe.
How quickly can you get divorced?
Under the new no-fault divorce law, the minimum timeframe for completing a divorce is 7 months. This includes the application process, mandatory waiting periods of 20 weeks and 6 weeks, and the time required for processing the application and receiving a response from the other party.
It’s important to understand that this timeline does not encompass the potentially lengthy process of arranging finances and does not factor in any delays that courts may experience at specific times.
Each divorce is unique, and even if you have an amicable relationship with your former partner, complications may arise that are beyond your control, potentially causing delays in the process.
How can I speed up the divorce process?
If you’re eager to expedite your divorce process, there are several straightforward steps you can take. Primarily, working with a divorce solicitor is recommended. They can guide you through the entire divorce process, ensuring you avoid legal obstacles that could impede your application.
Divorce solicitors can assist with various aspects, including:
- Completing your divorce application accurately and promptly
- Ensuring timely submission of the Conditional Order and Final Order
- Providing guidance on family mediation services
- Assisting with legal matters related to financial and childcare arrangements
- Representing you at court hearings if needed
If you opt not to engage a divorce solicitor, it’s crucial to thoroughly research divorce proceedings to understand deadlines and legal obligations. Misinterpreting your rights and responsibilities could significantly delay the process and lead to unnecessary complications.
What could slow down divorce?
Several factors can impede the divorce timeline in the UK. These may include:
- Delayed response from the respondent after receiving the Acknowledgement of Service
- Complex negotiations related to finances and children
- Errors or mistakes in the divorce application
- Court-related delays
Engaging an experienced divorce solicitor early in the process can mitigate these potential issues and help streamline the divorce proceedings.
Contact Us
At DLS Solicitors, our experienced divorce lawyers can provide specialised legal advice to facilitate a swift and stress-free divorce process.
