Why is my divorce taking so long?

Why is my divorce taking so long?
Originally published on 18th June 2019 at 10:48 AM

The legal process of divorcing or ending a civil partnership takes longer than most people realise. The average time it usually takes to divorce / end a civil partnership through the courts in England and Wales is around three to four months. However, depending on your situation this can take longer.

So, what are the most common reasons for it taking so long?

  1. The courts are swamped and taking time to process your paperwork

The courts in England & Wales are swamped with applications and take some time to process them. On top of this there are busy times of year where they are even busier (after major holidays, i.e. Christmas, New Year and the summer holidays).

  1. There’s an error in your application

If you have made a mistake on the paperwork and the court has a query, this will inevitably cause delays. If you are unsure on any queries the court has on your application, then call us on 0203 004 4695 to avoid any further delays. We can take over your application and put errors right for you.

  1. The court needs more information in order to figure out if you’re entitled to a discount / exemption on the court fees

If you have applied for a discount on the government’s court fee (usually £550) – you will need to wait until they notify you and pay any fee you owe before they proceed to the next step. Sometimes, the court will ask for evidence of your earnings which again can add time.

  1. You / your ex hasn’t completed one of the steps

There are four steps to divorcing / ending a civil partnership;

1. The divorce / dissolution petition

Completed by the petitioner – the person starting the divorce

2. The Acknowledgement of Service

Completed by the Respondent – the person responding to the petition

3. The Decree Nisi application

Completed by the Petitioner

4. The Decree Absolute application

Completed by the Petitioner but can also be completed by the Respondent, however the Respondent must wait an additional 3 months before they are able to do this. 

If there is a hold up at any of these steps, it will prolong the process. If you are unsure where you are up to with your application, then you should contact the person who’s managing the process for you or if you’re doing it yourself then call the court switchboard on 0300 303 0642.   

  1. You are sorting your finances too

It’s normal that the process takes longer if you’re formalises your finances at the same time. The financial process is a lot more involved and involves a lot more back and forth with negotiations. For a personalised divorce timeline on how long it’s likely to take, considering the finances too click here.

  1. You don’t have an address for your ex

If you have no idea where your ex is, the courts will want you to prove it. The important point here is that the court wants to be reassured that you have tried every means necessary to contact them, so they are aware that the divorce / dissolution is coming. You will need to complete a separate form if you’re not able to get an address which takes time to be processed.

  1. Your ex is ignoring the divorce / dissolution petition

If you have an address for your ex but they choose to ignore the petition, then you’ll need to prove to the courts that they have received it. This is usually through showing a text / email in which they have confirmed that they’ve received it. You can also opt to get a professional process server to physically hand them the papers. Again, this is an additional form and process that adds a lot of time on to your processing time.

For a more detailed breakdown on the timeframes for divorcing / ending a civil partnership through the courts in England and Wales click here. Or click here to get a free personalised divorce / dissolution timeline.

Get a personalised divorce timeline

Kate Daly Kate Daly
About the author Kate Daly is a co-founder of amicable. Kate is a divorce expert and helps couples and separated parents navigate divorce and separation amicably. She's passionate about changing the way the world divorces and campaigns for fairer divorce laws and access to justice.

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