One of the most common questions from people going through a divorce is: How long does the process take? The answer to this is not as straightforward as it may seem. This is because several factors, which you may or may not have control over, can influence the timeline of divorce proceedings in the UK.
In this article, we will break down the stages of divorce in the UK:
Factors that can extend or shorten the divorce process
How to stay compliant with UK divorce law
How to speed up the divorce process.
The No-Fault Divorce Law and Its Impact on Timelines
The sad truth is that love dies, and relationships end. However, no matter how, why or when it happens, the most important thing is finding a way for both parties to move on amicably.
If you are a UK citizen going through a divorce and looking for the best way to resolve it so that you and your partner can part ways amicably without unnecessary complications, then you can do so through the no-fault divorce law.
No-fault divorce became a law in the UK in April 2022, and it basically allows couples to divorce amicably without playing the blame game.
Advantages
This law helps in shortening the time spent on divorcing couples.
It simplifies the entire divorce process since this method doesn’t involve lengthy court proceedings.
It also gives divorcing couples much-needed privacy.
Under this new law, there is a minimum waiting period of 20 weeks between the application and conditional order, followed by another 6 weeks and 1 day before the final order.
This law is also beneficial for victims of domestic abuse, as it ensures that divorce is less hostile and more efficient.
Divorce done under no-fault law is less expensive than standard divorces.
Minimum waiting period
Unlike the old divorce law that requires married couples to be separated for two years before their divorce request can be approved, no-fault law only mandates divorcing couples to wait for a period of six months (26 weeks) from the filing of the divorce application to the finalisation of the divorce. This period provides couples with enough time to come together one more time and reflect on their decision and consider reconciliation, if applicable.
Stages of the Divorce Process and Timelines
If the unfortunate happens and you want to file for divorce, below are the key stages and timelines involved:
Step 1: Filing the divorce application
You can file for divorce anytime, provided you have lived in the UK for a year and have been married for more than one year. This application can be made by one partner (sole applicant) or together with the other partner (joint applicant).
The divorce application, also known as the D8 form, is currently set at £593 and it can be filled out and submitted online or via post. Typically, it takes 1 to 2 weeks to process the application.
Step 2: Responding to the application
If your partner files for divorce, you, the respondent, have 14 days to acknowledge the application. If you respond promptly, this stage can be completed within 4 to 6 weeks. However, if, for one reason or another, you can’t complete and file the Acknowledgement of Service within the 14-day deadline, you should talk to your solicitor for assistance. You can also petition the court to delay the divorce process if you can’t meet up.
Step 3: Conditional Order
Previously known as Decree Nisi, a conditional order application is often issued electronically after the 20-week cooling-off period. Basically, what a conditional order, if approved, indicates is that both parties have satisfied the legal requirements, therefore their divorce application has been approved by the court.
Step 4: Final Order
Once the conditional order is granted, you must wait six weeks and one day before applying for the final order. Once the final order is issued, your marriage is officially over. It's important to keep this document safe, as you may need it in the future.
Factors That Affect the Divorce Timeline in the UK
There's no such thing as a quick divorce. However, below are some of the common factors that can influence the UK divorce process length:
Disagreements over financial settlements
Disputes over financial arrangements, such as property division, pensions, and spousal maintenance, can prolong the divorce proceedings. This is because negotiating these settlements can take a long time, especially if the concerned parties are unwilling to compromise.
Child custody disputes
A dispute over which of the partners will get custody of their children is another problem that often causes divorce proceedings to take longer. These disagreements can lead to lengthy negotiations or even court battles, as both parties may struggle to reach an agreement that is in the best interest of the children. Living arrangements, parental responsibilities, and visitation rights are all common factors that complicate and prolong the process.
Court backlogs
Court delays and administrative backlogs can also slow down the divorce process. For example, if the court presiding over the divorce is located in a busy jurisdiction, your divorce timeline may be extended due to the volume of cases they handle.
Uncooperative spouse
If one spouse is uncooperative, such as by purposely ignoring paperwork or delaying proceedings, their action can slow down the divorce process.
Ways to Speed Up the Divorce Process
A faster resolution is beneficial for divorcing couples as well as their children. Here are a few ways to help expedite the process:
Agree on financial and child arrangements early: To speed up the divorce process, you and your partner should try to compromise key issues such as financial settlements, child custody, and visitation rights before the court formalises the divorce. Alternatively, if you and your partner can’t reach a compromise, you can hire a mediator to help you reach a compromise.
Use online divorce services: You can also speed up your divorce process by using online divorce services or submitting the divorce application online. This is because online platforms offer quicker processing times and simplify documentation.
Cooperate with your spouse: For the sake of peace, your children, and privacy, you and your partner should make every effort to communicate and work together throughout the divorce process. Not only will this make the process faster, but it will also make it smoother.
Hire an experienced divorce solicitor: Whether you are dealing with a contested or uncontested divorce, hiring a lawyer with experience handling divorce cases can help ensure it goes smoothly. An experienced solicitor can assist in resolving disputes and will also ensure that you stay compliant with legal requirements throughout the entire process.
Challenges and Risks in Speeding Up the Process
While divorce is recommended to be resolved as quickly as possible, some things should not be rushed because of their legal and financial implications.
Rushed financial settlements
Rushing to a financial settlement can result in unfavourable or unfair agreements. Therefore, before you conclude, it is critical to carefully consider all assets, debts, and financial obligations, as well as future requirements such as child support, pensions, and property division. Failure to carefully negotiate financial settlements could result in long-term financial difficulties or missed entitlements.
Skipping mediation
In hindsight, avoiding mediation to speed up the divorce process may appear smart, but in reality, this can also backfire massively. If disputes arise later, a lack of prior mediation may result in lengthy court proceedings and additional stress.
Best Practices for a Smooth Divorce
To speed up and smooth the divorce process, you should try to engage in open communication with your ex-spouse about key issues such as child custody and other issues. By keeping communication lines open with your ex-spouse, disputes that can potentially disrupt the divorce process will be quickly quenched.
Thinking beyond the immediate divorce is critical. Consider the long-term consequences of financial settlements and child custody arrangements to ensure a stable future.
Throughout the divorce phase, you should prioritise storing all the paperwork and documents you used or were issued for reference sake. Also, regularly contact your solicitor to ensure they prioritise your case and keep the process moving forward.
Legal and Regulatory Considerations
If you are filing for divorce, it is essential that you comply with UK divorce laws, such as
Full disclosure of property, assets, debts, etc., to ensure fair settlements.
Adhering to the 20-week reflection period and the additional 6 weeks and 1 day between the conditional offers and final orders.
Complying with the new no-fault divorce system in the UK is also important to ensure a smoother, less contentious divorce process.
Contrary to what you see in movies, most divorces are settled out of court! However, there are still situations where going to court may be necessary. For instance, in a contested divorce, negotiating or mediating disagreements over property, child custody, or financial settlements can be difficult. In these situations, going to court becomes essential to guarantee both parties receive a just and legally binding resolution.
If you are going through a divorce in the UK, it is highly recommended that you consult a family law solicitor. Family law solicitors, aside from giving divorce advice, are also professionally trained to ensure that all aspects of the divorce are handled legally and effectively.
FAQs
How long does a typical divorce take in the UK?
In the UK, divorce can take anywhere from several months to over a year, depending on various factors such as financial disputes and court backlogs.
Can I speed up the divorce process in the UK?
Yes! All you have to do is hire a competent solicitor to assist you with the filing and settlement, cooperate with your ex-spouse, and hire a mediator to resolve any disputes before they reach court.
What causes delays in a divorce?
Delays can result from disagreements over financial settlements, child custody disputes, court backlogs, or uncooperative spouses.
How long do financial settlements take in a divorce?
The time frame for financial settlements varies greatly; it can take weeks or months, depending on the complexity of the arrangements and both parties' willingness to negotiate.
Do both parties need to agree to the divorce for it to proceed?
Under the no-fault divorce law, one party can initiate the divorce process. The other party, known as the respondent, will then be notified and have 14 days to acknowledge the application.
Conclusion
Going through the divorce process can be emotionally overwhelming, but at Lawhive, we are committed to standing beside you and making your divorce journey less stressful. If you are in the UK and need expert assistance to minimise delays and complications in the divorce process, our team of divorce solicitors are here to help. With us by your side, your rights will be protected, you will get fair settlements, and you will reach a fair resolution as quickly as possible. Get a free legal assessment today.