Even the most amicable divorce or separation can be a challenge.
As your divorce solicitor, I will help you deal with every stage of the process.
However, any financial aspect to your divorce such as the sale of a house should be discussed and agreed on before you apply for the final order. Agreeing the financial settlement in your case could take a week or two, or could take much longer depending on the complexity of your case.
It is possible to make a joint application for a divorce, but if at any stage a disagreement arises between you and your ex-partner, then you cannot continue with a joint divorce.
Are you eligible for divorce?
You can get divorced in England or Wales if all of the following apply:
- You’ve been married for at least one year and one day
- Your relationship has permanently broken down
- Your marriage is legally recognised in the UK (this includes same-sex marriage)
- The UK is your permanent home, or the permanent home of your spouse
How long will your case take?
A divorce or dissolution typically takes a minimum of six months, even in straightforward cases. The process involves a 20-week reflection period, and resolving financial or child-related matters through the court can add significantly to the overall timeline. While some cases can be resolved within a few weeks using alternative methods, complex situations involving contested issues can take a year or more.
Key aspects of the timeline
Minimum timeframe:
The "no-fault" divorce process requires a minimum of 26 weeks (approximately 6 months) from the initial application to the Final Order (Decree Absolute).
Cooling-off period:
The 20-week period between the application and the Conditional Order (formerly Decree Nisi) is designed to allow for reflection and negotiation of practical issues.
Financial and child arrangements:
These matters are dealt with separately and can significantly impact the overall duration. Negotiations, mediation, or court hearings can take additional time.
Contested vs. Uncontested:
If both parties agree on the terms of the divorce, it is considered uncontested and generally proceeds faster and more smoothly. Disagreements lead to a contested divorce, which can be more time-consuming due to negotiations and potential court involvement.
Expedited divorces:
In exceptional circumstances, such as medical emergencies, it may be possible to expedite certain stages of the process with court approval, but this is not common.
