Divorce
How long does a divorce take?
Our family law experts share how long a divorce can take and explain the factors that can have an impact on the timescale of a divorce.
How long can a divorce take is one of the first questions people often have when considering ending their marriage. The legal process to end your marriage can take a minimum of six months. However, it is other areas, such as diving assets and arrangements surrounding children, that contribute to a longer time.
Changes to divorce
The introduction of the Divorce, Dissolution and Separation Act 2020 meant that there was no longer a requirement to assign blame or to provide a reason for a divorce. This means that as of April 2022, people can now have a ‘no fault divorce’.
The removal of the need for proof means that people have easier access to divorce, however there were other changes set out in the legislation. This includes the introduction of a 20-week timescale between the issue of the petition and the first stage of the divorce - the conditional order - to provide a period of reflection. It also introduced a 6-week timescale from conditional order to final order.
Therefore, there is a minimum time of seven months from the date the petition is issued to final order.
Joint application vs sole application
Another factor that will impact the speed of a divorce is if a couple agrees about applying. A divorce application can either be submitted by one of the spouses acting alone (a ‘sole application’) or by both parties working together (a ‘joint application’). A joint application is often the fastest way to get divorced if the parties can work together.
Arrangements for children
Disagreements between parties can significantly elongate the time a divorce can take, especially when the disagreement is about arrangements regarding children. A divorce moves much faster when both parties agree on arrangements for children amicably, through methods such as negotiation, mediation, or arbitration. If court proceedings are needed, this can delay matters.
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We understand life’s journey does not always go as planned. If you need an expert family law solicitor on your side, our family law team is on hand to ensure any challenges faced become less overwhelming, so you can move forward with confidence.
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