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How long does divorce take?

Updated on May 26, 2024

| Family & Divorce

Whilst there is no clear-cut timeline for a divorce, there are main stages throughout the process that can help to give a rough guideline as to how long it might take. Each case is unique to the individual and there are many deciding factors that will alter how long the process takes. However, there is a minimum period that you must wait before a divorce can be completed, which is 6 months. With the implementation of the ‘no fault’ divorce system in April 2022, applicants now only need to show one ground for divorce, that being that the marriage has broken down irretrievably. It is as simple as ticking a box confirming this has happened. Previously, you would need to give a supporting reason for the breakdown. It is the extent of your financial affairs that might be the thing that slows the divorce process down, as this can be lengthy to go through and there may be disputes back and forth between you and your partner at this stage. There is also the factor of children, if you have them, which means additional child arrangement orders may also need to be made, if matters cannot be agreed between you. The main steps of a divorce are as follows: –

Starting the divorce application

The first step of course is to make the application for divorce. This can be done via post or online through the HMCTS divorce portal. The fee to apply is £593.00. A certified copy or the original marriage certificate will need to be filed alongside the D8 (divorce application) Form. Here at Starck Uberoi we can assist in completing your divorce application for you, to ensure that there are no errors. This will reduce the risk of delays if done correctly and ensure your application is issued promptly and that the divorce process is as efficient as it can be. The application can be done solely or jointly – which will slightly change the timescale of the process. Fortunately, with the introduction of the no-fault divorce system, respondents can no longer dispute or ignore the application which would have resulted in an initial court hearing determining whether to grant the divorce or not.

Responding to the application

When a sole application is made, the Respondent will have 14 days from receiving the application to confirm receipt and file an ‘Acknowledgment of Service’. This document just serves to show that the Respondent has acknowledged the application. The only reason an application may be disputed is on technical grounds regarding the validity of the marriage or civil partnership or an issue with the jurisdiction.

20 week waiting period

Once the Application has been issued and the acknowledgment of service is complete, the 20-week countdown to apply for the Conditional Order begins. This was introduced by the reform as a ‘cooling off period’ for reflection and allows time to attempt to make child arrangements and/or organise finances. Unfortunately, there is no wiggle room with the 20 weeks wait, it is a requirement.

Conditional order/ originally called Decree Nisi

The Conditional Order states that there are no reasons as to why the parties cannot get divorced. Although the Court essentially approves the divorce, it does not grant the divorce final and you will still be considered married at this stage. This is, however, seen as the first step to becoming divorced, as it is a provisional decree of divorce before the Final Order. You may have previously seen this called the Decree Nisi, but after the ‘no-fault’ reform, this stage is now called the Conditional Order. It still serves the same purpose, so is easy to confuse. The new terms will apply to all divorces or dissolutions beginning after April 2022.

6 week and 1 day waiting period to finalise the divorce

Between the Conditional Order and the Final Order being made there is a minimum waiting period of 6 weeks and 1 day before making the application for the final order. Any objections can be raised during this time before the divorce is finalised.

Final Order/ originally called Decree Absolute

The Final Order is the document that confirms the end of the marriage. Once this is granted, you and your partner will be legally divorced. Again, this was originally called the decree absolute, but after the reform is now called Final Order and functions in the same way.

What happens with my finances during this time?

The financial arrangements arguably should be dealt with at the same time as your divorce. This is where the cooling off and waiting periods can be helpful as it allows for more flexibility in arranging finances before the Final Order is made. Even when the Final Order is made and you are legally divorced, there still can be financial commitments present which need to be sorted. A Financial Order is legally binding and decides how you and your ex-partner will divide your assets. For example, the Financial Order will decide how you divide your pensions, property, savings and investments. This can be made once you have received the Conditional Order or even after you have received the Final Order. There are 3 stages involved once you have requested a Financial Order be made:

The First Directions Appointment (FDA) – to discuss with the judge your application, what both parties are hoping to achieve, and for the judge to make further directions
The Financial Dispute Resolution (FDR) Appointment – both parties to have provided full and frank financial disclosure and for a judge to indicate what they believe the Financial Order would be, should matters proceed to a Final Hearing. This gives the parties the opportunity to then negotiate to see if they can reach a financial agreement. If so, case is settled and no Final Hearing is required.
Final Hearing – if you and your ex-partner cannot agree the settlement terms yourselves, a judge will decide how you will divide your finances.

How Starck Uberoi can help

Starck Uberoi’s family solicitors are experienced in cases involving prenuptial and postnuptial agreements, and will ensure that your case is dealt with sensitively and effectively. For more information, please visit our Family Law page. To book an appointment with our family lawyers, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, Richmond, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London offices.