How Long Does a Divorce Take?

What’s the minimum length of time to get a divorce?

While the introduction of no-fault divorce has made it easier to get a divorce, it has made the process longer in some cases. No-fault divorce is a divorce that doesn’t require a reason or evidence of wrongdoing by either party.

Under the new rules, the minimum time for a divorce to be finalised in 26 weeks. This is because of two mandatory waiting periods:

1. A 20-week period between applying for a divorce and receiving the Conditional Order (previously called a Decree Nisi). This cooling-off period gives couples time to reflect on their decision to divorce and decide whether they want to try to save the marriage.
2. A six-week period between receiving the Conditional Order and the Final Order (previously called the Decree Absolute), which is when the divorce is finalised by the court.

What’s the average time to get a divorce?

While the minimum time for a divorce is 26 weeks, some divorces will take longer. This is generally due to the ancillary issues that arise with a divorce, such as dealing with the financial arrangements. Various things can slow the divorce down, including:

• How quickly the paperwork is dealt with
• How you and your spouse respond to the divorce, for example, whether you are willing to work together to resolve your differences with the help of a mediator if necessary
• The number of issues that need to be resolved, such as financial arrangements or arrangements for children
• How complex your situation is – generally, the wealthier a couple is, the more complicated the divorce tends to be as there is a wide range of property, business holdings and other assets to locate, value and share out
• Whether you agree on a settlement or if your matter has to be dealt with by the court
• How busy the courts are

While you may have heard horror stories about divorces taking several years, this is extremely rare. Even if there are complicated financial or child care negotiations, the upper limit is around 18 months in most cases. This may seem like a long time, but it’s important to remember that the arrangements will affect your family in significant ways, so it’s important to get it right.

How can you make the process shorter?

If you want to get divorced as quickly as possible, there are a few things you can do to speed up the process:

1. Apply online and apply together

Under the new no-fault divorce system, for the first time, couples can jointly apply for a divorce. On a practical level, this means that you can avoid any delays waiting for the papers to be served on the responding party and for them to acknowledge the application. More significantly, applying jointly means you will be starting the divorce when both parties are emotionally ready to do so. This helps couples focus their minds on the negotiations that have to happen and decide practical issues quickly and constructively.

Applying online through the government’s divorce portal can help to avoid delays caused by paperwork errors and postal delays.

2. Co-operate on the finances and child arrangements

While you don’t have to sort out the financial arrangements before your divorce is finalised, we recommend that you do. The divorce itself does not end the financial obligations you have to your ex-spouse. A Financial Order not only ensures that your assets are divided fairly but also stops your spouse from making a claim against you in the future.

Often, when a divorce is taking a long time, it’s because someone is dragging their heels on the financial arrangements. If you and your spouse can agree on how you split the finances, as well as arrangements for the children, you will be able to avoid going to court. This can save a lot of time waiting for a hearing date, especially if your divorce coincides with a busy period in the court’s calendar. You will also be able to apply for your Final Order much more quickly.

3. Use a mediator

Mediation can make a huge difference to the speed of your divorce. This is where a trained, neutral third party guides you through the issues you need to resolve and helps you resolve them amicably. The mediator does not tell you what to do but provides a productive space for you to talk through the issues, helping to defuse potential conflicts.

Divorce mediation can cover a wide range of issues, such as the distribution of property, child arrangements, child support, spousal maintenance and pensions, among other areas. Lack of communication about these issues tends to slow divorces down. A mediator can help you and your spouse talk openly so you can reach an agreement in much less time.

If you want to get divorced quickly and with as little stress as possible, contact us today. Our divorce solicitors can help you to apply for a divorce, resolve any financial and child arrangement issues and support you through any disagreements you have with your spouse. We offer a free, no-obligation chat for all new clients. Please get in touch with our friendly team.

Claire Andrews is a partner in the family department and specialises in divorce. Claire can advise on obtaining the best financial settlement for your needs and on children arrangements. Claire has particular experience in complex high net worth cases often involving a trust or inherited wealth element.