Key Points –
- The average timescale for a divorce in the UK to go from submitting a divorce application to receiving the final order is now roughly 8 months.
- 20-week reflection period – This mandatory period of reflection during divorce proceedings means that even the fastest of divorce cases will take 7 months.
- Why do delays happen? Most common delays happen when you don’t have an address for your spouse or you delay responding to the court at each stage.
- Can it be done quicker? – Having experts handle all aspects of your divorce is likely to be the quickest route to getting a divorce.,
- A typical divorce is likely going to take you between 6 and 8 months even if you both agree.
- The divorce process is actually quite slow and boring and made even more so since the introduction of no-fault divorce.
- It now takes a minimum of 20 weeks to get a Conditional Order (decree nisi) and a further 6 weeks to finally end the marriage with a Final Order (decree absolute).
Have Questions About Divorce Timescales? Speak to our friendly team on Live Chat for a quick and reliable answer or, 👋 Chat with us now! Firstly, you need to know what requirements there are to start a divorce since the introduction of the law in April 2022. To get an uncontested divorce through the court you’ll need to:
- Have been married for at least 12 months
- Have your marriage certificate (or certified copy of the original)
- Know the email address & residential address of your ex-spouse
- Pay the court fee of £593 (unless you’re exempt)
- Unlike the previous divorce law where the majority of petitioners used unreasonable behaviour as the grounds for divorce, you now simply need to make a statement of irretrievable breakdown on the D8 divorce form.
- Although your former partner cannot contest the divorce, you must still provide the court with an address where a copy of the divorce papers can be sent.
- The does not change irrespective of whether you hire divorce solicitors,, or opt for a,
The divorce process is largely a ‘paperwork’ exercise with various stages that each requires a separate application to the court. To start a divorce application, you need to complete a divorce petition form and submit it to the court. Divorce applications are now digital (Since 6 April 2022), but our easy-to-answer questionnaire makes confusing forms easy to understand.
- The divorce petition is the main document in divorce proceedings and includes basic personal details, marriage details, and a statement of irretrievable breakdown (previously the grounds for divorce).
- You must ensure that all details on this form are correct before filing it, as your application will go to the back of the queue when you re-submit it, causing unnecessary delays.” The court will send your partner a copy of the divorce petition usually by email and a form known as an acknowledgment of service.
Your partner has 14 days to complete and return the AOS to the court. If they fail to respond, you can continue with the divorce undefended, however, the procedure becomes more complex.” Before moving on to the next stage, the new divorce law has introduced a 20-week reflection period.
Meaning such matters as child arrangements and the division of any money or assets could be discussed. Only after this 20-week period can you apply to the court to proceed with the divorce. If the court approves your divorce application, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order.
This typically takes a few weeks. Once the court has granted you the divorce, you enter into what is known as a 6-week ‘cooling off’ period before being able to move forward. This period is intended for couples to submit their financial agreement to the court to rule on.
- This order legally ends your marriage and enables you to remarry.
- Overall, taking into account the mandatory waiting periods of 20-weeks and 6-weeks, you should expect your divorce to complete within 6-7 months.
- The timescale for divorce will depend on many factors – some within your control and some outside of your control.
- There are common, so it’s always advisable to try and avoid those.
- Other factors will be based on whether you submit a with your partner or file as a sole applicant.
- You would assume that filing together would be the quickest, but it can work the other way and actually cause more delays; if either party drags their heels or is inefficient at returning documents to the court.
- It’s also quicker to over using the postal method or hiring solicitors.
Use our quick tool below to find the ideal service for you.
- Do you or your spouse live in England or Wales?
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- Do you need to split any money or assets?
- Have you started a divorce application yet?
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- What are you looking to do?
- Just looking to divorce
- Divorce and end all financial claims
Whether you can get a divorce online and take advantage of our affordable divorce services will come down to your domicile jurisdiction. If you live in Scotland, Divorce-Online provide a range of Scottish Divorce Services that can help you save time, stress and money. The is the ideal service for you if you want to have a solicitor draft your financial agreement into a legally binding financial order without spending thousands on legal fees. The drafted order includes a clean break clause to prevent either party from making future claims. £599 This service is for couples who want to obtain a divorce and end all financial claims. As part of our service, we’ll manage your entire divorce process for you; you can track the progress online from a phone or laptop. You’ll also obtain a clean break consent order that has been drafted by a solicitor. £499 This service is ideal for couples who want to get a simple, affordable and hassle-free divorce in England or Wales without instructing a solicitor and spending thousands on legal fees. All aspects of your divorce are handled for you by our experienced and friendly team. You can track each step of your case online from your phone or laptop. £199 This service is for couples who want to get a divorce in England or Wales without spending thousands on solicitors fees. We will obtain for you a divorce and legally binding clean break consent order to prevent any future claims being made against you in the future. £499 If you are like most people and seeking a, here are a few simple things you need to know:
- The divorce law has changed (April 6, 2022), meaning you no longer need to apportion blame on your ex-partner.
- Your spouse cannot defend against the divorce, however, the process can become more complex if they do not respond to the court.
- You can now make a, whereas previously the law only accepted sole applications.
- Family law solicitors can provide legal advice on your options, which is recommended but is not a legal requirement to get divorced.
- A divorce is not complete without putting your into what is known as a consent order. This legal document should be drafted by family law professionals.
- Previous backlogs at the divorce centres in England & Wales from Coronavirus are now largely cleared.
- If you have discussed the arrangements for your finances, it’s wise to consider obtaining a legally binding court order, such as a, to prevent any future claims and ensure any agreement is carried out after the divorce.
A can be confusing and often very time-consuming, Consider allowing our for a fraction of the cost of hiring a solicitor. The decision to get divorced is never easy, however, dealing with the legal process should be. This, unfortunately, isn’t the case in most instances when you decide to handle your own divorce.
- 1 How long is the quickest divorce in UK?
- 2 Can you fast track a divorce UK?
- 3 Is it better to file for divorce first UK?
How long is the waiting period for divorce in UK?
If they agree with the divorce – You can continue with the divorce by applying for a conditional order (or a decree nisi if the court issued your divorce application before 6 April 2022). You’ll need to wait 20 weeks after your divorce application has been issued by the court before you can apply.
How long is the quickest divorce in UK?
When you’re facing something as difficult as the end of a marriage, it’s normal to want as much information as possible about what’s ahead. Divorce might be a common experience, but the facts and stats aren’t always widely discussed. This can leave you feeling worried about the future. In the UK, the minimum period of time it can take for a divorce is 26 weeks (approximately 6 months). However, the time each individual process can take can vary with the complexity of the divorce. This time frame also does not consider any negotiations or preparations made before one of the parties officially applied for a divorce.
Can you fast track a divorce UK?
What’s the quickest way to divorce in the UK? – In the UK, the fastest (and often the easiest) way to obtain a divorce (not a separation) is to undertake an uncontested divorce. Put simply, this means the married couple both agree that they want a divorce, and they agree to the divorce reasons.
Can I get married while my divorce is in process UK?
Need specialist family law advice? – Send an enquiry to Slater Heelis, a top UK family law firm with expertise in divorce, children issues, and wider family law matters. Slater Heelis is a highly respected law firm, established over 250 years ago and serving clients across the UK and abroad.
- Their specialist family law team is consistently ranked highly in Chambers Ad Once you have received your Decree Absolute confirming your divorce, you can remarry immediately.
- There is no waiting period before getting married again.
- Don’t forget, if you are in need of legal advice for your marital questions, Wiselaw researches and lists family solicitors from across the UK, from Leeds, to Sheffield, Manchester, Birmingham, Nottingham, Bristol, Southampton, London, and many more.
Wiselaw has the right family lawyer for your needs. It’s important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.
Contrary to what many people think, you’re not divorced when your Decree Nisi has been issued. You have to wait at least six weeks and one day from the date your Decree Nisi was granted before you apply for your Decree Absolute. Only once the Decree Absolute has been granted is your marriage legally over and you can remarry without any legal ramifications.
However, with the increasing number of people conducting their own divorces, more are unwittingly falling foul of the ‘remarriage trap’. This means if you divorce and subsequently remarry without your finances being resolved and enshrined in a ‘Consent Order’, you will be barred from applying for a property adjustment, lump sum, or spousal maintenance against your former spouse.
- You will not, however, be prevented from making a claim that relates to your former spouse’s pension.
- As you can see, if you decide to remarry before a financial order is in place (linked to your divorce), the consequences can be disastrous, as the law will prevent you from applying to the Court for a financial provision order.
Even though, as part of the divorce, you would have been entitled to make those claims. Also, any obligation to pay spousal maintenance ends on the remarriage of your former spouse. The case of E v E, highlights the dangers the remarriage trap can pose.
Here, the parties had negotiated an agreement in which the wife, who held the bulk of the wealth within the marriage, was to pay the husband a lump sum of £250,000. The husband’s solicitors filed the Consent Order with the court for approval, however this was done three days following his remarriage in Bali.
The husband asked the court to approve the Consent Order, however it refused. The judge outlined the existing law in England and Wales, confirming that it did not have jurisdiction to make the order. As a result, the Consent Order could not be approved and the wife was not required to pay the husband any money.
Remarriage can also create difficult discussions about future finances, current assets, competing family interests, and inheritance issues. People can be torn between wanting to provide for their new partner and protecting any assets for their children or grandchildren. It is therefore extremely important to sort out a financial settlement properly when you divorce and to ensure this is put in place before you decide to remarry.
Any delay could be costly. Noticed an error on this page or something broken? If so, please email us at supportwiselaw.co.uk. The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website.
What is the most popular month for divorce UK?
Wednesday, 04 January 2023 We are not exaggerating when we state that January is THE Divorce month of the year. January has informally come to be associated with divorce in recent years. The next “Divorce Day” will be on Wednesday, January 4, 2023. Over 25% more divorce-related search searches were made on Google between December 2020 and January 2021.
However, it is not a new phenomenon; divorce-related search phrases soar every January, rising year over year. A new study has revealed that one in five couples consider separation in January due to the pressure created over the Christmas period. According to reports couples separating or divorce filings peak in January are 27% and are higher than the average of divorces seen throughout the rest of the year in the UK.
Such reports have led the media to refer to January as Divorce Month with the first working day of the month often being the busiest day of the year for solicitors with many people filing for divorce.
Is divorce difficult in UK?
What is divorce? – Divorce is the legal termination of marriage or marital union. It can also be referred to as the dissolution of marriage and, in simple terms, it is the formal ending of a marriage. The divorce process in the UK can be incredibly complicated, emotionally difficult and stressful for each person involved, particularly if there are a number of disputed areas like custody of children, existing financial commitments, and the distribution of shared property and assets.
Is it better to file for divorce first UK?
Family law Legally or financially, it doesn’t matter who starts the divorce process. The decision as to who becomes the applicant is often based more on emotion than reason. Slater and Gordon’s experienced lawyers have extensive experience of divorce proceedings. Call us now on 0330 041 5869 or contact us and we will call you.
What is the cost of a divorce in the UK?
The process of divorce has become a lot easier for couples since April 6th, 2022 when the Government introduced no-fault divorce. So, has this made it cheaper to get a divorce? The average cost of a divorce in England and Wales from the Divorce Petition to the Final Order is likely to be between £792 and £1,093.
What is the first stage of divorce UK?
1 – The Divorce Application – To commence a divorce, one or both spouses together, will need to file the Divorce application. This can be done online, either yourselves or through a solicitor. The spouse who files the divorce is known as the ‘applicant’ and the spouse who is not filing it is known as the respondent.
- If you are filing on a joint basis, you will be termed Applicant 1 and Applicant 2.
- Once the divorce application is filed, the Court will send it to the responding spouse or ‘respondent’.
- At this stage, the respondent can acknowledge the petition to enable the applicant to progress the divorce to the next stage.
If a joint divorce application has been filed then both spouses will have to acknowledge receipt of the application. A joint application will mean that both spouses are applicant and respondent.
What happens if I ignore divorce papers UK?
If you do not respond in time – Your husband or wife might still be able to continue with the divorce if the court decides that you received the application. The court might deliver the papers personally to you so that there’s proof you’ve received them. You might have to pay the cost of this. Contact the divorce centre or get legal advice if you’re not sure.
Can you get a divorce without the other person signing UK?
How to get divorced without your spouse’s consent – To get divorced without your spouse’s agreement, you have two options:
Wait until you have lived separately for 5 years then submit a divorce petition.Go to court and have a judge decide whether your divorce can go ahead.
In many cases, people do not realise their spouse will defend the divorce until it happens. The standard process for a contested divorce will usually be as follows:
You submit a divorce petition to your local family court stating your reasons for wanting to end your marriage.You spouse will then have 8 days to respond stating whether they intend to defend the divorce or not.If your spouse chooses to defend the divorce, they will then have a further 21 days to submit their reasons for doing so to the court.At this point, we recommend meeting with your spouse, supported by one of our specialist divorce solicitors to see if the situation can be resolved amicably, allowing your divorce petition to go ahead. This may involve modifying your divorce petition or agreeing practical issues such as a financial settlement or arrangements for children.Whether the dispute over your divorce has been resolved or not, you will then need to apply for a decree nisi. This is an official court document saying that the court sees no reason your divorce should go ahead. If the dispute has been resolved and your spouse has withdrawn their objection, getting a decree nisi should be straightforward. However, if your spouse still wishes to defend the divorce, you will normally need to attend a hearing in front of a judge where they will decide whether it is appropriate to grant a decree nisi or not.If a decree nisi is granted, you will need to wait at least 43 days, then apply for a decree absolute. Once this is issued, your marriage is officially ended. If a judge does not issue a decree nisi, you may need to start over with a fresh divorce application.
Do you have to split money in a divorce UK?
What orders can the Court make? – In divorce, judicial separation or dissolution of a civil partnership, the Court has the power to make a variety of orders:
1. Payment of a lump sum The Court can order one party to pay the other a lump sum or a series of lump sums. For example, the Court could order the husband to transfer to the wife his interest in the former matrimonial home in return for the wife paying the husband a lump sum. A husband may be ordered to pay his wife a lump sum payment instead of paying her spousal maintenance in the future, capitalising on the wife’s maintenance claims.
2. Sale or transfer of property The Court can order the sale or transfer of all forms of property, although the most common is the former matrimonial home. The Court could order a property to be sold and how the net proceeds of the sale are to be divided. The Court can also order a property to be transferred from one party to another.
3. Pension sharing The Court has the power to order the division of pensions. For example, the husband could be ordered to transfer all or a percentage of his pension to his wife creating a new pension fund for her in retirement. This is known as a pension sharing order.
4. Spousal maintenance The Court can order one party to pay the other maintenance. A maintenance order can be paid for joint lives until one of the parties remarries or for a fixed period. In many cases, it may not be appropriate for either party to receive spousal maintenance in which case the Court will make a ‘clean break’ order.
5. Child maintenance If the level of child maintenance cannot be agreed then this is dealt with by an application to the Child Maintenance Service, The Court has only limited powers to make orders in respect of child maintenance. However, when a maintenance figure for a child has been agreed the Court can ‘rubber stamp’ the maintenance within a Consent Order.
Every marriage is different and every divorce settlement is different. There are no rigid rules regarding how assets are divided in a divorce and the law has to be flexible to apply to each case. The Court has wide discretion. There will not necessarily be a 50/50 split of the assets in every divorce case and an equal division of assets may be appropriate in some cases but not in others.
Does the respondent have to pay for divorce UK?
What happens if divorce costs cannot be agreed upon? – If costs cannot be agreed upon, but the Petitioner decides to submit the divorce petition nonetheless, the Court may be called upon to deal with any dispute over costs. In this situation, both people may need to attend a hearing for the Court to determine the issue.
The Court will consider if the costs claimed are reasonable, bearing in mind the experience of the representing Solicitor, their hourly rate, and the amount of work undertaken. If both of the people getting divorced are represented by Solicitors at a costs hearing, then those costs can also be included (thus increasing the costs further).
The Court has a wide range of powers and discretion in relation to awarding costs and will not only look at the Solicitors’ fees, but also the conduct of both people in deciding whether costs should be awarded and at what level. Once the Court has granted a Costs Order, the Respondent is under a legal obligation to pay these.
- Failure to do so could result in enforcement action being taken, which can increase the costs further.
- The danger, of course, is that the amount of legal work in dealing with contested costs can in fact outweigh the cost of the divorce itself.
- It is therefore important to ensure that the benefits outweigh the costs and, wherever possible, it is strongly advised to try and reach an agreement on costs before issuing divorce proceedings.
If you are considering getting divorced and don’t know where to begin, why not contact one of for a free no obligation consultation and see what we can do for you? : Who Pays the Costs of Divorce?