Going through a divorce can be a painful, difficult process. When youโve made the decision to divorce your spouse, youโll most likely want the process to be over as quickly as possible. If youโre asking yourself โhow long does a divorce take?โ, the answer depends on a number of factors that can impact the length of the process in the UK.
Due to the introduction of no-fault divorce, a divorce in the UK now takes a minimum of 30 weeks from start to finish. However, there are many ways to ensure that the process doesnโt go on longer than necessary, so you can close this chapter and get back to rebuilding your life.
In this guide, weโre going to go over some of the major factors that influence the duration of a divorce proceeding, how you can minimise them, and how to get your divorce finalised as quickly as possible.
Whatโs the quickest way to get divorced in the UK?
The length of your divorce is influenced by what type of divorce you opt for. The quickest way to get a divorce in the UK is to apply for a No-fault divorce. It has a number of benefits:ย
- Straightforward process
- Completed onlineย
- Donโt need to deal with courtroomsย
- Completed in about 7 months
On average, an online divorce is typically twice as quick compared to a traditional divorce.
How long does a divorce take in the UK?
Since the introduction of no-fault divorce in the UK, a divorce takes no less than 30 weeks to be finalised. Obtaining a Conditional Order (previously referred to as decree nisi) takes a minimum of 20 weeks, and couples must wait a further 6 weeks to obtain a Final Order (previously referred to as a decree absolute) to finalise the divorce.ย
In between these two waiting periods, you can expect to wait a few weeks for various paperwork to be confirmed and approved. If all paperwork is completed and handed over on time, you can be divorced in under 7 months.ย
There are a number of additional factors that can influence the duration of your divorce:
Financial settlement
Having a lot of shared finances or property can prolong the legal process, as you work out how to divide your assets between you and your former spouse. Being able to reach an agreed financial settlement before going to court is one of the easiest ways to reduce the length of your divorce process.
Joint or sole divorce application
In April 2022, divorce laws were modified in England and Wales to allow couples to submit joint applications for divorce. Submitting your divorce application together can speed up and simplify the process; you wonโt need to serve any documents to your spouse or wait for them to file their response.
Child arrangements
If you share children together, there isnโt a legal requirement for divorcing couples to have a custody agreement before finalising your divorce. Disputes over parental rights can often prolong the length of your divorce and are often the leading cause of unpleasant divorce battles in court.ย
Quick resolutions
A fast divorce will largely depend on how cooperative each party is. Unnecessary delays can be caused by disputes over financial agreements or child arrangements, an incomplete divorce application, or a divorce application with incorrect information.
Type of Divorce
The length of your divorce will also depend on what type of divorce you opt for. The speediest option is online divorce, where you can file all your paperwork online and avoid hefty solicitors fees.ย
No-Fault Divorce Timeline
1- One person starts the divorce
2- The court sends your partner a copy of the petition and the acknowledgment of service (AOS)
After submitting your application, it takes the cort two weeks to officially start your divorce.
Your partner has 14 days to complete and return the AOS to the court.
3- You apply for the conditional order
4- The court reviews your application
If the court approves your divorce they will issue a Certificate of Entitlement to confirm the date of your Conditional Order. This step takes six weeks.
5- The court grants the conditional order
This starts a six-week cooling off period before you can apply for the Final Order
6- You apply for the final order
7- The court grants the final order and you are officially divorced.
The final order will usually be granted in 24 hours.
Overall it takes a minimum of 30 weeks
Benefits of an Online Divorce
The quickest way to get divorced in the UK is via an online divorce. When you use an online divorce service, youโll save money on legal fees while also avoiding court appearances and lengthy phone calls with the family courts.
Here are just a few reasons why opting for online divorce can be beneficial both to you and your former partner:
Avoid a conflictual divorce
Communicating through divorce solicitors isnโt the most optimal way to organise your post-spousal life, especially if children are involved. When you opt for an online divorce, youโll be able to communicate amicably with your former partner as you negotiate a divorce settlement.
Conflictual separation proceedings can drag on even for years at a time, as every amendment will have to pass through each partyโs lawyers. By opting for an online divorce, you and your former spouse can tackle the important questions together while simultaneously reducing the length of the divorce process.
Save on costs
When you hire solicitors for your divorce, you can expect to pay thousands in legal fees. Divorce online is handled 100% digitally, so you wonโt be paying a solicitor ยฃ400 an hour to talk through your divorce settlement.ย
No court appearances
When you opt for an online divorce, the divorce company will handle all communication with the courts on your behalf. This means you wonโt need to make any dreaded court appearances with your former partner.ย
Support and guidance
Online divorce companies will typically offer support services to those using their services. Each party will be offered guidance, support and advice as they go through the motions of their divorce proceedings.
Understanding the divorce process: what to expect
If youโre planning on submitting a divorce petition, there are a number of mandatory steps to take before your proceedings can be finalised.
Hereโs what to expect when you file for divorce:ย
Step 1. D8 Divorce Form
Your first step when filing for divorce will be to fill out a D8 Divorce Form. Your divorce form is your official request – or divorce petition – to begin legal proceedings.ย
The most important thing to remember when filling out your divorce form is to ensure that all details given are correct and up-to-date. False or missing information on your divorce form will put your application at the back of the queue.ย You can submit your divorce application online or via your divorce solicitor.ย ย
Step 2. Acknowledgement of services
If a spouse is a sole applicant for a divorce, theyโll need to wait for their former partner to file an acknowledgement of services, indicating that theyโve received their divorce papers.ย
To fill out an acknowledgement of services form, a respondent will be required to respond to a number of questions, asking them to confirm that theyโve received the divorce petition, as well as a number of questions about their identity, residence and whether or not they plan to defend the petition.ย
As of April 2022, respondents will have 14 days to return an acknowledgement of services.
The reflection period
Once the paperwork has been filed, couples must wait a minimum of 20 weeks before any more proceedings can begin. This is known as the reflection period and allows couples to ensure that they wish to proceed with their divorce.ย
During this time, couples can also arrange their divorce settlements amicably. Questions of childcare, a financial settlement, and the division of assets can all be settled during this period either independently, via family lawyers, or by using a divorce mediator.ย
Step 3. Apply for the conditional order
After 20 weeks, couples can apply for a conditional order. This is obtained by filling out a D84 form, and how you fill out this form will depend on whether or not your former partner (the respondent) contests the divorce or not.ย
Before the changes made to the law in April 2022, youโd most likely need to give a reason for your conditional order. Now, all UK divorces are categorised as โno-fault” divorces, so a specific justification is no longer necessary. Now, all you need to do is claim that the marriage has broken down.
Step 4: Certificate of entitlement
A certificate of entitlement is a document that confirms whether or not you are entitled to your divorce. If your conditional order has been filled out correctly, you will receive a certificate of entitlement, which will confirm your conditional order and indicate the date you will receive it.
The court grants the conditional order
Once the court grants the conditional order, you and your former partner will technically still be married under the law. In order to finalise your divorce, youโll need to apply for a final order. You can apply for a final order 6 weeks and 1 day following the approval of your conditional order.ย
Step 5: Apply for a financial order
A financial order (known as a consent order) is a document used to finalise a financial agreement between you and your former spouse. A consent order will render any financial agreements legally binding, so itโs a good idea to file a financial order as soon as your conditional order is approved.ย ย
If you and your spouse are in agreement about how to divide finances, you can apply for a financial order by submitting a consent order for court approval. This is the simplest and most cost-effective option, with our clean break service costing only ยฃ399.
If you cannot reach an agreement, you would need to go through the court for a judge to decide. This process is much more expensive and can cost tens of thousands of pounds
For a consent order to be approved, both parties will need to disclose all their financial information, including details about income, assets, debts and responsibilities for children. It is then sent to the family court where it is subject to approval by the judge.
Step 6: Apply for the final order
In order to complete your divorce, youโll need to apply for a final order. Previously referred to as a decree absolute, this finalises the divorce and renders the couple officially divorced in the eyes of the law.
You have to wait a minimum of 6 weeks and 1 day before you can apply for a final order, and it can take a few weeks to be approved.ย
Court grants the final order
Once the court approves your final order, you and your partner will be recognised as officially divorced.ย
Key Takeaways of a Quick Divorceย
While divorce isnโt an overnight process, there are ways that you can minimise unnecessary delays.
- By opting for an online divorce instead of hiring family law solicitors, youโll be able to speed through the process quickly without any court appearances and without the high costs.ย
- The speed of your divorce will also depend on how quickly both parties respond to paperwork. Couples who cooperate and communicate with each other will divorce quicker whether they file a sole or joint application, compared with those in conflict who refuse to cooperate or communicate.
- Reaching an agreement on finances and childcare with your spouse can help avoid the need for the court to intervene. This not only saves time and money, but reduces stress for you and any children involved. Disagreements over this can lead to long delays so itโs best to reach a mutual agreement.ย ย
- Providing accurate and complete information at every stage of the divorcess process is essential. Missing documents, incomplete details, or errors in your application can cause delays and can even result in the court rejecting it.ย
How can Easy Online Divorce Help?
If youโre looking for the quickest way to get divorced in the UK, our No-fault divorce service is exactly what you need. We make the entire process simple, straightforward and convenient, with everything able to be completed online.
Contact us if you have any questions about getting a divorce and our expert team will get back to you.ย
