How long does divorce take? 7 steps to a faster divorce process

I’m frequently asked the question, how long does it take to get a divorce? The simple answer is many months. I imagine if you’re the instigator of the divorce this isn’t what you want to hear.

If you’ve moved on or even booked the ‘next’ wedding as one of our customers last week had, then the court process is slow and frustrating.

In this blog, I set out the divorce process and , the typical time it takes to divorce in the UK and some tips for speeding your divorce up.

 

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How long does a divorce take from start to finish?

On average, it takes four to six months for a divorce or dissolution to be finalised through the courts in England and Wales.

Some companies advertise fast-track services that promise you can get a divorce in 12 weeks.

The reality is divorce in the UK takes a long time. There is no "divorce quick scheme", unfortunately. 

If you are going to get a consent order (your financial settlement) at the same time as divorcing, the average time it takes to get a divorce and finalise your financial split extends to six - twelve months.

So, how long does it take to divorce? If you're lucky and everything goes smoothly, four months. This timeline will extend depending on the complexity of your divorce.

Has coronavirus slowed down the divorce process?

The reality is when the country was in full lockdown, the courts were operating with a reduced team so the processing of divorce documents took longer.

However, this delay was temporary and the courts are now dealing with divorce petitions as normal.

You need to be married 12 months

The minimum length of time you must be married for before you can get divorced is one year.

If you’ve been married for under a year, you can have your divorce petition drafted and ready to send, but you cannot submit it until a year after your marriage date.

The other option is to annul your marriage, however this is hard to do. Find out more about how to annul your marriage via the government website here.

How to speed up your divorce

Getting a divorce takes time and the process of obtaining your decree absolute (the certificate that makes your divorce legal) takes longer than people expect.

However, there are a few ways that you can do to make the divorce process run smoothly and quickly.

 

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If you have any questions, or would like some support, please book a free 15-minute call with one of our experts here.

 

Step one: Prepare emotionally

The most noteworthy point to start with is to take time to emotionally prepare as this is the biggest predictor of how long it takes to get divorced.

Prepared couples divorce more quickly and more amicably.

If you are not starting the divorce, you’ll probably need time to adjust to the end of the marriage.

Getting control of your emotions before starting divorce proceedings and adopting a business-like approach will help speed up negotiations. Rushing will make the divorce take longer, so why not watch our short video on emotional preparation here.

If you want to file the divorce petition, don’t rush your partner, instead, take time to invest in the emotional preparation stage. Getting a divorce is a big life change, our advice is to allow them time to get used to fact that the marriage is over and get advice and coaching if needed.

The below chart demonstrates the typical stages someone may go through during the divorce process.

 

Step two: Agreeing your children and financial arrangements

This is usually the bit that takes most time. If you’ve already agreed things you can move on to getting your divorced processed through the court.

If not, you’ll need to make a list of your finances and agree what’s going to happen to your assets in the future.

You’ll also need to agree where the children will live and how you’ll take care of them. This can be tough and consequently many people seek help from our divorce coaches.

You can start the divorce process before you’ve finalised your arrangements and so use the time it takes the court to process your divorce to negotiate a settlement.

Step three: Filing your divorce petition (approx. 6 weeks)

First of all, you’ll need to fill in and file your divorce petition with the court. You will need to choose one of the five reasons that the government currently allow to prove that the marriage has broken down past the point of return.

The grounds for divorce you can use are 2 years separation, 5 years separation, adultery, desertion or behaviour.

You will also need a copy of your marriage certificate to start the application along with an address for your ex. For advice on starting the divorce process, click here.

Although 2 years separation is known as the most amicable reason to use in the divorce petition, it means slowing down and waiting for that time to pass for some couples.

So, if speed is important to you, look into one of the other reasons that will allow you to file for the divorce sooner (this is usually behaviour).

For tips on remaining amicable if you're using unreasonable behaviour, click here. There may also be financial and tax implications to delaying divorce proceedings.

The court will send a copy of the divorce petition to your (ex)-partner. Your ex then completes and returns the Acknowledgement of Service form and the court sends you a case number.

Tip 1. Encourage your partner to return the Acknowledgement of Service form rather than wait. If they don’t, the divorce will progress after 21 days so more slowly.

Step four: Applying for your Decree Nisi (approx. 8 weeks)

A judge will consider whether the marriage has broken down ‘irretrievably’ and if you can get a divorce or not.

If a judge is satisfied that it has, your Decree Nisi will be pronounced a few weeks later and you’ll both receive a Decree Nisi certificate from the court.

You will then have to wait six weeks and one day after your decree nisi pronouncement date in order to proceed with the next stage of the divorce.

Tip 2. Apply immediately after the 21 days have passed if your ex hasn't returned the acknowledgement of service form.

 

Step five: Filing a consent order (At same time as the Decree Nisi application)

In addition to applying for your decree nisi, you can choose to file a consent order with your divorce paperwork.

A Consent Order makes your agreements legally binding and it is therefore the only way of having a clean break between you and so stopping future claims. (Did you know that you are still technically financially tied to each other financially even if your divorce is official until you have completed the consent order process thorugh the court?).

Tip 3. Have a Consent Order as it provides peace of mind that you have finalised your arrangements. Avoid any nasty surprises in future.

 

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Step six: Applying for Decree Absolute (6 weeks and one day after your Decree Nisi is received)

Six weeks and one day after your Decree Nisi is pronounced you can apply for a Decree Absolute. This is the final piece of paperwork in the divorce process.

Tip 4. It's often safer and 'tidier' to get your consent order sealed by the courts before filing for your decree absolute.

Step seven: Your divorce is finalised (approx. 2 weeks)

Finally, you and your ex-partner will receive the Decree Absolute certificate (usually takes two to three weeksto arrive once you have applied for the Decree Absolute). Your divorce is now official and the process is finalised. 

 

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For a more bespoke estimate of how long your divorce may take. You only need to answer a few simple questions and to provide your email address so we can send you your divorce timeline straight into your inbox.

If you have any questions, or would like some support, please book a free 15-minute call with one of our experts here.

 

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