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How long does a divorce take? The three main stages

The ADHDers introduction to divorce

Stage 1: How long does it take to apply for a divorce?

Applying for a divorce can take minutes, but getting to the stage where you know divorce is right for your marriage could take months or years longer. It’s important to note you must have been married for at least 12 months to get a divorce.

To start the divorce process, you need to submit an application to the family court (Form D8) with a declaration that your marriage has broken down irretrievably. You do not have to provide any other reason other than this, nor do you have to be separated for a specific period before you can apply for a divorce.

The application is usually made online via a court portal (although you can make a paper application). Either method requires an initial divorce cost of £612 (previously £593, usually paid by the applicant).

You can apply for a divorce by yourself (sole applicant) or make a joint application with your ex-spouse (joint applicants). In the case of a joint application, one of you will need to be the ‘applicant’ and the other the ‘respondent’.

Alternatively, if you receive a divorce application from your spouse, you are called the respondent in the legal process.

Stage 1.1: The Acknowledgement of Service

Once the divorce has been applied for, the respondent is sent the divorce application and the Acknowledgement of Service, which is a document declaring that the application has been received and that the respondent agrees to the divorce. The respondent has 14 days to return the completed Acknowledgement of Service to the court. 

This part of the process may take longer if the respondent has not received a draft copy of the divorce application or does not respond at all. 

It is possible to dispute proceedings, but the reasons for doing so are limited and generally have to do with the validity of the marriage and whether it was celebrated according to the correct procedure. Of course, this means your spouse can drag out divorce proceedings, but it is unlikely that a refusal to acknowledge the divorce will be accepted. 

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Stage 2: How long does it take to get a conditional order?

The conditional order is a certificate that says the court does not see any reason you should not divorce.  

The conditional order is granted by your local family court when:

As long as the paperwork is completed correctly and the court is satisfied that the marriage has irretrievably broken down, both parties will receive a letter called the ‘Certificate of Entitlement’ confirming the date that the conditional order will be granted.

The date of your conditional order being granted will be after the 20-week cooling off period, in which time you should ideally negotiate your finances and any children matters.

Stage 3: How long does a final order take?

Six weeks and one day after the granting of a conditional order, you can apply for a final order of divorce

This is the last stage of divorce and legally ends your marriage or civil partnership. This means there are significant implications of the final order and you should make sure that your financial settlements are finalised before you apply for one. 

How long it takes to get a final order depends on how long it takes for you to reach a financial settlement. Importantly, however, if you do not apply for a final order within 12 months of getting the conditional order, you will have to explain the delay to the court. It might be that your financial or children arrangements take longer than expected but the court needs to know that you still intend to progress with the divorce. 

You should keep your final order once you have received it as you may require it if you remarry or change your name, e.g. back to your maiden name.

The divorce process

Application

One or both spouses submit a divorce application to the court using the HMCTS Portal, citing irretrievable breakdown of the marriage without assigning blame.
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20-week reflection period

After the application is filed, and your former spouse has responded to the petition, a mandatory 20-week reflection period begins. During this time, spouses may also exchange financial information using Form E and address any necessary child arrangements, including including the time your children spend with you both.

Conditional order

After the reflection period, the applicant(s) apply for a Conditional order (previously known as Decree Nisi). The court reviews the case and, if satisfied, grants the order.
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6-week waiting period

Following the Conditional order, there is a mandatory 6-week waiting period before the final step can be taken.

Final order

After the 6-week waiting period, the applicant(s) may apply for the Final Order (previously known as Decree Absolute), officially ending the marriage.
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Average 9-12 months

If more than 12 months have elapsed between obtaining your conditional order and applying for your final order, you will have to submit a short statement to support your application, explaining the delay.

How long does a divorce take in the UK?

How long does it take to sort out divorce finances?

It can take between 6 and 12 months to sort out divorce finances. However, the length of time will often be comparable to how complex your assets are. For example if you have international assets, multiple properties or shares, it can take longer to reach a financial settlement. 

An expert family lawyer will draw up the financial agreement you and your ex-spouse make, setting out the financial arrangements and any further financial commitments. 

This agreement should then be made legally binding through applying to the family court for a financial consent order.

This will mean that you and your spouse’s finances become separate, and neither person can make a claim against the other in the future. 

How do I make arrangements for children in divorce?

If you are a parent, you will need to consider the options for child arrangements going forwards. Our specialist children solicitors advise clients on making these arrangements, and ensuring the wellbeing of the child/ren is prioritised, and helping parents navigate any contested issues.

In cases involving children, court action should be used as a last resort, and the welfare of the children will remain the paramount consideration.

Child Arrangement Orders, which have replaced Child Contact, Child Custody Orders and Residence Orders, are legal agreements setting out where a child should live (residence), who they should spend time with (contact) and who the children are allowed to see during the contact.

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Mediation and collaborative law

The quickest way to finalise your divorce is to, where possible, avoid court. Disagreements can be resolved through a number of non-court dispute resolution methods such as mediation, collaborative divorce, negotiation through solicitors or private financial dispute resolution. 

Where these will not be appropriate is in cases involving domestic abuse.

Professional mediators or collaborative lawyers can work with you and your ex-spouse to navigate your disagreements and obstacles without tensions escalating. Mediation and other NCDR methods are a cheaper and more time efficient option than court.

Gemma Davison, Head of our Oxford law office and trained mediator and collaborative lawyer, says: 

“Mediation is a great way of having those difficult conversations in a constructive environment. Having an unbiased party present to help guide your discussions means emotional reactions can be minimised and both you and your ex can focus on the important matters at hand. 

There are several different variations of mediation which mean that most couples can find a suitable option. Child-inclusive mediation is good for parents, as it allows the children to share their wishes and feelings in a safe space.”

Many of our lawyers are members of, and accredited by, Resolution, an organisation bringing together family law professionals who support clients through the divorce process to keep matters amicable. Our family lawyers are focused on building a solid foundation for you to move forward, rather than getting caught up in acrimonious disputes.

Pre-nuptial and post-nuptial agreements

Prenuptial contracts or postnuptial agreements set out your arrangements for finances in the event of a divorce or separation. If you already have one, this can speed up the divorce process as all matters have been decided on beforehand. However, they are not legally binding and if a judge deems the terms of the agreement to be unfair then it will not be upheld. 

It is also important to note that you cannot get a nuptial agreement if you are anticipating a breakdown in your relationship or have had discussions with your spouse about ending your marriage. 

How can I speed up how long divorce process takes?

Here are some useful tips to help make the divorce quicker.

  • An online application has proved to be more efficient than a paper-based application. They can often be issued within 24 hours when using the online portal.
  • Provide your solicitor with your marriage certificate, information about your wedding and evidence of the facts proving the marriage’s breakdown at the earliest opportunity. 
  • Complete all paperwork as promptly as possible and return it to your solicitor.
  • Check all paperwork carefully for mistakes. Mistakes can add to the timescale if papers have to be resubmitted to court due to errors, as your application will go to the back of the queue when you re-submit it, causing unnecessary delays.
  • Use non-court dispute resolution methods where safe to do so as this will enable disagreements to be ironed out faster – waiting for a court hearing can take several months.

What our clients say

Gemma specialises in financial settlements following a relationship breakdown including pensions, property international assets, spousal maintenance and businesses. She is also experienced in challenging child law matterrs along with surrogacy and adoption.

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