The length of time it takes to get divorced, including separating finances, in England and Wales varies depending on the circumstances of each case.
Whilst the legal divorce process follows a set structure, with mandatory waiting periods, delays often arise as parties deal with dividing their finances and making arrangements for their children.
Is there a standard timeframe for divorce?
The legal process of getting divorced has a minimum legal timeframe. From the issue of an application, parties must wait 20 weeks before they are able to apply for the next step in the process - Conditional Order.
After Conditional Order has been pronounced, the parties must then wait a further 6 weeks and 1 day before they can apply for Final Order of Divorce. This is the final step in the process, after which the parties will be formally divorced.
However, the mandatory waiting periods often do not reflect how long it takes to reach an overall resolution of all matters. Parties can find themselves applying for Final order of Divorce months (or years) after their Conditional Order or continuing to try and resolve financial matters or arrangements for children long after Final Order.
How does the timeframe for divorce fit with dividing our finances and making arrangements for children?
The legal process for divorce is different from resolving financial matters or agreeing matters for children. Reaching a resolution on these issues is normally done in parallel with the legal divorce process but are separate.
It may be beneficial for parties to delay obtaining their Final Order of Divorce until they have a binding and enforceable order covering financial matters, especially if upon divorce one party would lose valuable rights (such a widow(er)’s pension) that they have by virtue of remaining married.
What usually determines how long a divorce takes?
A lot will depend on whether issues are agreed or are disputed. The sooner an agreement can be reached about finances or children, the quicker the process is going to be.
Agreements may take longer in cases where there are financial complexities, requiring detailed financial disclosure, and where expert input is needed. This can be unavoidable.
Sometimes delays cannot be avoided, especially where there is a change of circumstances.
Where parties can co-operate and work together, either directly, through solicitors or in alternative dispute resolution, agreement is likely to be reached quicker.
Issuing court proceedings for either financial matters or in relation to arrangements for children will of course take longer. In particular, there are risks that court hearings could be adjourned at the last minute due to a lack of available judges or listed for a very long time in the future due to the current pressures on the court system.
Common misconceptions about the divorce timelines
Lots of people think that once a divorce application has been made everything is quick and simply follows a set process. This is not the case. Whilst starting the divorce timetable begins the mandatory waiting periods, it does not guarantee resolution regarding financial or children matters.
Equally, many people think that everything is finished once the divorce is granted. This is also may not be the case. There is no guarantee that financial matters will have been finalised by that point and children proceedings could be ongoing.
There are no final orders that can be made in relation to children, so even after a divorce is granted there can be ongoing proceedings over what is in a child’s best interests.
Even when a financial order has been received from the court (either by consent or following a disputed final hearing where a judge has made the decision), parties will still need to implement the order. This can take some time depending on what the order says, with common delays incurred where a property is to be sold and no offers are received quickly. This potential scenario should always be considered as part of financial negotiations.
Key resources
You can learn more about divorce timelines and how to streamline the process as far as possible below:
Divorce Financial Settlement Solicitors UK | Mills & Reeve
Family Mediation Solicitors & Lawyers | Mills & Reeve
It is difficult for anyone to predict how long resolving matters connected with divorce might take for a particular couple. Much will depend on their individual circumstances, the complexity of their assets and whether child arrangements are agreed.
However, where parties are able to work together and focus on a resolution, including through using methods of alternative dispute resolution, parties may find that they are able to ensure matters are resolved as quickly as possible.
The family and children team at Mills & Reeve have significant expertise in assisting clients through all stages of the divorce process, including finalising arrangements for children and considering the division of assets.
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