Getting a divorce is a stressful and emotional time and is never as straightforward as you think it is. Therefore, it is important to understand the timeline you are working with to ensure you can plan accordingly and move on confidently with the divorce. This blog will set out the steps of a divorce and what timelines you can expect when getting a divorce.
What are the steps of a divorce?
The divorce process can be broken down into five steps.
- The first step is when the divorce application is submitted and then accepted by the courts.
At this point begins a 20-week reflection period, which is a mandatory pause of the application before you can apply for a Conditional Order. - A conditional order is an interim court document which confirms that the court sees no reason that you cannot end your marriage, therefore accepting the divorce application but not legally ending it.
- After the 20-week reflection period, you can then apply for and receive the Conditional Order.
- Once the conditional order has been received, you will wait at least six weeks before applying for the Final Order. The Final Order is the legal document that officially ends the marriage.
- Once the Final Order is granted, the divorce is legally complete.
The No-Fault Divorce Law
In April 2022, the no-fault divorce law was created. This is a legal dissolution of a marriage that does not require either spouse to prove wrongdoing, assign blame, or wait for a multi-year separation.
Since this introduction, the law sets a minimum period of 26 weeks- which is around six months- and that includes the 20-week reflection period and the 6-week gap between the Conditional Order and the Final Order. This structure is designed to allow the spouses to make arrangements for their finances and children before the divorce is finalised.
However, although six months is the legal minimum, most divorces in the UK usually take between 7-12 months. This is because there are often delays due to backlogs at the court, the need to resolve financial settlements and child arrangements and finally delays in serving papers being delivered.
These delays are very common, and the average time for divorce cases to conclude in 2024 was around 63 weeks according to the Ministry of Justice.
What can delay the Divorce process?
While no divorce case is the same, there are common things that can further delay the process. Below is a list of things that can delay the divorce process:
Incomplete or late Financial Disclosure
Each party must provide information about their income, assets, and future financial prospects. However, if any of this information is incomplete, wrong, or delayed, this will slow down the process. This will lead to requests for them, and even when errors are corrected, this will delay the negotiations and hearing.
Disputes over Asset Valuations
Valuation disagreements are a regular source of delay if assets are not straightforward. Examples include property portfolios or pension arrangements. If parties cannot agree on the value of these assets, expert evidence is needed until reliable valuations are established, thus delaying the process even further.
Procedural Non-Compliance
The family court operates under procedural rules and timetables. Failing to comply with court directions, such as missing deadlines, can delay the process. You might be granted an extension by the court, but repeated non-compliance can lead to additional hearings or applications. Each detour increases the cost of the divorce and extends the overall duration of the divorce process.
High levels of conflict
Divorce is a tricky time, and if there are constant communication breakdowns between the two parties, then this can make the process more difficult.
Complex financial structures
If wealth is held through companies, trusts or even international arrangements, additional documents will be needed, as well as potentially specialist expertise. This process will take time and can slow down the divorce procedure.
Change in circumstances
As divorce proceedings can last many months, it is not uncommon for circumstances to change. This can include employment status, income, and housing arrangements. This can lead to revised negotiations and/or additional hearings. While the court will always seek to progress matters efficiently, it also has to ensure the decision reflects current realities.
Court timetabling
Due to the large volume of cases at the family court, they handle between 270,000 and 275,000 new cases each year, listing capacity can affect hearing dates. Even if both parties are compliant with the divorce and prepared, scheduling cases may lead to delays, while more complex cases require longer hearings.
Negotiations outside Court
Any efforts to resolve the matter by agreement may reduce cost and save conflict but can extend the timeline in the short term. While parties can engage in mediation or negotiations to avoid a contested final hearing, this requires time for proposals, counterproposals, and financial analysis.
Disputes concerning Children
Disputes about children will influence the overall process of a divorce. While legally separate, they usually proceed alongside one another, and any allegations relating to parenting, relocations, or welfare concerns will require separate hearings.
The court’s main concern is child welfare, and ensuring that any child-related issues are properly addressed must take place and will take time.
What can speed up the Divorce process?
Under the no-fault divorce law, you can have a simple divorce which takes up to 26 weeks should it go uncontested. This is the minimum time it takes for a divorce, but you can also do several things to try and speed up the process, such as:
Ensure the application is correct
Incorrect or incomplete paperwork is the most common reason for delays. Using a divorce solicitor will reduce the risk of administrative error as they will make sure your application meets all legal requirements and is processed as smoothly as possible. A solicitor can also help to arrange a court bailiff or process server if a spouse is hard to contact.
Switch to a sole application if required
If you have applied for divorce jointly, but your spouse is being uncooperative, you can switch to a sole application. This is useful if your spouse is ignoring emails or letters and trying to delay things out of spite, as it allows you to continue the divorce independently.
A solicitor can submit a Form D11 to request this change for you.
Resolve financial matters early
While a financial arrangement is not needed for the divorce to go ahead, it is recommended to do both together and finalise the divorce after the finances are resolved. This is because a delayed consent order (a document that formalises the financial settlement) can cause complications.
To avoid this, start discussing finances early and try to reach an agreement and use mediation if needed. Your solicitor can draft your Consent Order for you as soon as the Conditional Order is issued.
Work with a divorce solicitor
Working with an experienced Family Law solicitor is crucial to progressing your divorce quickly and efficiently. This is because they will be able to guide you expertly, making use you avoid common pitfalls, understand timelines and legal jargon, as well as drafting and filing documents for you on your behalf.
How Davisons Law can help
The need for a Family Law expert is a must for a smooth and efficient divorce. Our dedicated family law solicitors will ensure that you are in the best position possible for a quick and stress-free divorce. Get in touch with our family law team today on 0808 3036 987.
