Going through a separation is not easy and often people will want to plan ahead from both a financial and emotional point of view. One of the most commonly asked questions is how long the divorce process takes.
Generally speaking, there are three stages to a divorce. The application, the conditional order (previously called the decree nisi) and the final order (previously called the decree absolute).
In April 2022, the no-fault divorce was introduced which has changed the timescales of the divorce process as there are now two mandatory waiting periods:
- The 20-week “reflection period” between applying for the divorce and the conditional order; and
- 6-week period between the conditional order and the final order concluding the divorce.
On average, a divorce will take 7 to 8 months but this timescale can depend on various factors, including court processing times, the extent of the co-operation between spouses and financial disputes.
Court processing times
Nowadays most divorces are dealt with online via the court’s portal. In general, this has significantly decreased the processing times for applications. However, the court may still experience backlogs from time to time.
You can still apply for a divorce by post (if, for example, you do not have internet access), but online applications are usually the quicker option.
Co-operation between spouses
There are two types of divorce applications that may be made – jointly between spouses or solely by one spouse.
Joint applications may be suitable for spouses that are in agreement with the divorce and can liaise with one another (or via their solicitors) to progress the application in a timely manner throughout.
Sole applications are considered the better option if there are concerns about a spouse co-operating with or engaging in the divorce process.
A sole divorce application can still be progressed without the other’s input, but this will ultimately result in some delay.
Financial disputes
It is common for spouses to negotiate a financial settlement within the 20-week “reflection period”. At the end of that period, the conditional order may be applied for. Once the conditional order is granted, an agreement reflecting the financial settlement may be submitted to the Court for approval. After the financial agreement is approved and 6-weeks has elapsed from the date of the conditional order, then the final order may be applied for to formalise the divorce.
Where there is a disagreement between spouses as to resolving their finances, this can prolong the divorce process, particularly as it is usually only advisable to apply for the final order once there is a settlement in place that has been approved by the Court.
How can we help?
At E J Coombs, we can guide you through the entire divorce process and assist you with resolving financial matters. Our lawyers adopt the Resolution Code of Practice which promotes a non-confrontational and constructive approach, with view to resolving matters expeditiously and in your best interests.
We also offer a fixed fee in dealing with the divorce process whether you are the applicant or respondent.
Use the links below to arrange an appointment to discuss your options in more detail.
