How long does a divorce take?
Divorce can be one of the most painful events in a persons life. The law allows a variety of legal avenues that can make the time difficult to predict especially if both parties do not agree on the process route and the details/outcomes.
You cannot begin the divorce proceedings in England and Wales unless you have been married for at least 12 months.
The divorce law changed and from Wednesday 6 April 2022, you are able to file a no-fault divorce under the new divorce system. Even if the process is relatively uncontested expect 6-7months. There is a mandatory minimum 26-week period between the start of the proceedings and the final divorce order. However, it can take a lot longer if there are financial matters to be resolved especially if parties cannot agree and seek to argue their respective cases in court.
It is not unusual for parties to disagree regarding division of finances and future provisions. The courts weigh heavily the needs of children and their welfare is paramount. Such matters can prolong the the divorce timetable if both parties cannot reach agreement.
A summary of the basic timetable.
For divorce and civil dissolution proceedings there is a 20-week period between the beginning of proceedings (when the application is issued) and when the applicant can apply for a conditional order. This provides the parties with a period of reflection and gives them the opportunity to agree on practical arrangements for the future regarding their finances and any children.
At the end of the 20-week period the applicant can apply for a conditional order, following which they can apply for the final order 6 weeks and a day after the date of the conditional order.
Regarding joint applications, there are two ways that a final order can be obtained. Firstly, one party gives the other 14 days’ notice of their intention to apply for a final order. Following the 14-day notice, the other joint applicant withdraws from the application and becomes the respondent and the notice giver becomes the sole applicant. After a period of 6 weeks and one day from the date of the conditional order they can make an application for a final order.
Alternatively, if joint applicants are in agreement, they can give notice jointly for the conditional order to be made final.
For divorce and civil dissolution proceedings there is a 20-week period between the beginning of proceedings (when the application is issued) and when the applicant can apply for a conditional order. This provides the parties with a period of reflection and gives them the opportunity to agree on practical arrangements for the future regarding their finances and any children.
At the end of the 20-week period the applicant can apply for a conditional order, following which they can apply for the final order 6 weeks and a day after the date of the conditional order.
Regarding joint applications, there are two ways that a final order can be obtained. Firstly, one party gives the other 14 days’ notice of their intention to apply for a final order. Following the 14-day notice, the other joint applicant withdraws from the application and becomes the respondent and the notice giver becomes the sole applicant. After a period of 6 weeks and one day from the date of the conditional order they can make an application for a final order.
Alternatively, if joint applicants are in agreement, they can give notice jointly for the conditional order to be made final.
This timescale assumes that there are no financial or childcare issues to resolve, that you are both in agreement, and that all paperwork is completed and filed promptly.
Contact arrangements for your children
If you have agreed childcare arrangements, then your divorce can proceed. If not, the process may be delayed as you establish a schedule of contact for your children.
You don’t have to go to court to seek agreement, and you can establish a framework for childcare through mediation or through your solicitor. However, if you do end up in court then this may delay the divorce process.
Going to court can mean your divorce takes a long time, and it may also cost you a lot of money. Coming to an agreement through collaborative law or mediation can help you to finalise your divorce more quickly.
Your divorce proceedings require both of you to move the case forward. This might be through returning documents promptly or chasing the progress of the paperwork.
If there are areas that need resolution, then the process will only move as quickly as the two of you can reach agreement on these matters. Disputes about finances or children can stall the process, and so any uncertainty about what to do next can cause delays.
The division of your financial assets
During the divorce process you will be asked to provide evidence to help with the division of financial assets.
If you and your spouse own assets, then you will have to decide how these are divided as part of the divorce process. Assets may include the family home, pensions, savings, and personal effects, and you may also have to establish a schedule of child maintenance payments.
Arriving at a financial settlement can delay your divorce, particularly if there are issues on which you disagree. Whether you reach an agreement through your solicitors, mediation, arbitration or through the courts, this process can take time.
If your financial agreement needs to be dealt with by the court, then this can add weeks or even months to the process.
As the financial elements of a divorce can be some of the most contentious, it pays to focus on these if you want the process to be concluded as quickly as possible.
If you don’t provide full disclosure of your income, savings, pensions or investments then this can lead to delay. Trying to ‘hide’ assets can also significantly delay the process, as a ‘Final Order’ will often be held back until all financial arrangements are agreed.