Divorce is a challenging process, not just emotionally but also in terms of time and logistics. Many couples seeking to end their marriage wonder how long it will take before they can move on with their lives.
While the legal process for divorce in the UK typically has a minimum timeline, the exact duration can vary depending on several factors. This article will break down the key stages of the process and offer insight into how long a typical divorce takes.
Understanding the divorce timeline
Under the no-fault divorce law introduced in April 2022, the minimum duration for a divorce in the UK is 26 weeks. This includes a 20-week reflection period followed by a 6-week wait for the final order to be issued. However, this is just the legal process of ending the marriage. Additional factors, such as financial settlements and child arrangements, can extend the overall timeline.
While 26 weeks is the shortest possible timeframe, many divorces take longer due to the complexities involved in dividing assets or resolving disputes over children. It’s essential to keep in mind that the actual time it takes will depend on individual circumstances.
Key stages of a divorce
1. Filing the divorce application
The first step in the divorce process is filing an application. This can be done either online or by post. An online application is usually processed more quickly, taking around 10 days for the court to issue the divorce. A postal application can take up to a month to be processed. In either case, the application will need to include details of the marriage and a statement that the relationship has irretrievably broken down.
2. Acknowledgement of service
If the application is made by one spouse (a sole application), the other spouse (the respondent) must acknowledge receipt of the divorce papers. This is done by completing and returning the Acknowledgement of Service form within 14 days. The process can be delayed if the respondent does not respond in time or fails to cooperate.
3. Conditional order
After the initial application and acknowledgement, there is a mandatory 20-week “cooling-off” period. This reflection period allows both parties to consider their decision or to use the time to resolve financial and child-related matters. Once this period is over, the applicant can apply for the conditional order, which was previously known as the decree nisi.
4. Final order
Once the conditional order has been granted, there is a further mandatory waiting period of six weeks before the final order (previously called the decree absolute) can be applied for. The final order officially ends the marriage. After this stage, both parties are legally recognised as divorced. While the legal process can take a minimum of 26 weeks, this does not necessarily mean all issues will be fully resolved at this point.
Many couples may still need to work through the division of assets, finances and child arrangements, which can take additional time. The final order marks the end of the legal marriage, but practical matters surrounding the divorce may extend the overall timeframe.
Factors that can extend the divorce timeline
While the legal aspect of divorce in the UK has a set minimum duration, several factors can prolong the process beyond 26 weeks.
Financial settlements
One of the most time-consuming elements of a divorce can be reaching a financial settlement. Dividing property, pensions and other assets can lead to prolonged negotiations, especially if there is disagreement between the parties. If a couple cannot agree on the division of assets, the case may need to go to court, which can add months – or even years – to the overall timeline.
Child arrangements
If the couple has children, reaching an agreement on custody, visitation and financial support can also delay the divorce process. Similar to financial settlements, disagreements over child arrangements may require mediation or court intervention, both of which can lengthen the process. The more contentious the divorce, the longer it is likely to take.
How to speed up the divorce process
Although certain stages of the divorce process cannot be bypassed, there are ways to avoid unnecessary delays. Couples who can agree on key issues, such as financial arrangements and child custody, can shorten the timeline by avoiding prolonged legal disputes.
Mediation
Mediation is one option that can help resolve conflicts without the need for court intervention. A trained mediator can assist both parties in reaching an amicable agreement on contentious issues, allowing the divorce to proceed more smoothly.
Collaborative law
Collaborative law is another option that involves both parties working with a solicitor to negotiate the terms of the divorce. This process encourages cooperation and can help avoid lengthy court battles.
Legal advice from experienced family law solicitors
Navigating the divorce process can be complex, especially when dealing with financial settlements and child arrangements. Our experienced divorce and family law solicitors are here to provide expert advice and guide you through every step of your divorce, ensuring a smoother, less stressful experience.
It’s important to note that this blog post is for informational purposes only. If you’d like to discuss your circumstances in more detail, Osbourne Pinner Solicitors offer a free 30-minute consultation with no obligation to proceed further. Simply fill in our online form our online form, call 0203 983 5080 or use email at [email protected].
