Separating from your spouse is often the first step toward divorce, but many people are unsure how long they need to wait before legally ending their marriage.
The waiting period for divorce in the UK depends on several factors, including how long you have been married and whether you are applying under no-fault divorce laws.
In this article, we will explain the waiting periods for divorce, how the process works and what steps you can take to move forward. If you need guidance, our divorce solicitors in Harrow, Canary Wharf and Piccadilly Circus are here to help with a free 30-minute consultation. Read on to find out more.
What is the minimum waiting period for divorce in the UK?
Under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, couples in England and Wales no longer need to prove fault to obtain a divorce. Instead, they must meet the following requirements:
- You must have been married for at least one year before applying for divorce.
- A mandatory 20-week reflection period applies before the divorce can proceed.
- A six-week cooling-off period follows before the final order is granted.
In total, the minimum time to obtain a divorce in England and Wales is six months, but this can be longer if there are financial disputes or delays. Our fixed-fee divorce solicitors specialise in guiding clients through this process.
What if you have been separated for a long time?
If you and your spouse have been separated for an extended period, you can still apply for divorce under no-fault divorce laws. However, if your spouse does not agree to the divorce, you may need to provide proof of separation, especially if child custody arrangements or financial settlements are contested.
- Two years’ separation – If both parties agree to the divorce, you can apply after two years apart.
- Five years’ separation – If one party does not consent to the divorce, the other can proceed after five years of separation without their agreement.
Expert advice from family law solicitors can be invaluable in these situations.
What is the divorce process after separation?
The no-fault divorce process involves the following steps:
1. File a divorce application
You or your spouse must submit a divorce application to the court, either as a sole applicant or jointly. If you have children, you may also need to consider a child arrangement as part of the process.
2. Wait for the 20-week reflection period
Once the application is submitted, there is a mandatory 20-week reflection period before you can proceed with the next stage. This allows both parties to consider whether they want to proceed.
3. Apply for a Conditional Order
After the 20-week period, you can apply for a Conditional Order, which is the court’s formal agreement that you are entitled to a divorce.
4. Wait six weeks for the Final Order
Once the Conditional Order is granted, you must wait an additional six weeks and one day before applying for the Final Order, which officially ends the marriage.
Can you speed up the divorce process?
While the six-month minimum timeframe is set by law, delays can occur due to financial disputes, applying for a child arrangement order or court backlogs. Here’s how you can avoid unnecessary delays:
- Ensure all documents are correctly completed when applying.
- Agree on financial settlements early to avoid court battles.
- Seek legal advice from divorce solicitors to navigate the process smoothly.
Get expert legal advice on divorce and separation
If you’re considering divorce after separation, understanding your legal rights is essential. At Osbourne Pinner Solicitors, we provide expert legal support to guide you through the process, including advice on financial settlements and applying for a child arrangement order, to ensure a smooth transition.
We offer a free 30-minute consultation to discuss your case. Contact us today via the form below, call 0203 983 5080 or email [email protected] to speak with a local divorce solicitor near you. Whether you’re in Harrow, Canary Wharf, or Piccadilly Circus, our team is ready to assist with your divorce and separation needs.
