If you’re considering a divorce, probably one of the first questions you’ll want to ask is how long it will take. While there’s no easy answer to this question, on average a UK divorce takes between four to six months to enact, from initial petition to degree absolute.
Sometime to bear in mind is that you cannot apply for a divorce until you have been married for a year. You can agree to a legal separation in the interim, but you will remain legally married during that time.
Where both partners agree that a marriage is over, provided they have been married for a year, the divorce should be at the lower end of the average.
However, there is a legal minimum period following the award of a decree nisi, a “cooling off” period of six weeks and one day. You can’t proceed to a decree absolute, whereupon all financial arrangements can be legally separated, until the decree nisi period has elapsed.
To petition for divorce, you need to decide the grounds upon which you’ll petition. The marriage must have “irretrievably broken down” and you must be able to demonstrate this breakdown. In brief, the three types of grounds include adultery, unreasonable behaviour and separation (either voluntary or involuntary).
Of course, a partner may contest your grounds for divorce, or you may contest it if your partner is the party petitioning for divorce. This will lead to legal ramifications and either arbitration or court proceedings. Necessarily, such a process will extend the timeframe for divorce proceedings.
Other factors which may extend the timescale for contested divorces include issues around finance and child custody. If you have no children and have set-up a clear legal arrangement for the separation of your finances (perhaps in the form of a pre-nuptial agreement) then the period of legal contestation may be minimized. However, it would be prudent to assume that proceedings will take a reasonable length of time, perhaps up to ten months or more.
It is vital that you engage the services of a family lawyer with a divorce specialisation as soon as possible in any contested divorce. Your legal team will have the knowledge and experience to significantly reduce the timeframe of any divorce proceeding, court schedules and administration procedures notwithstanding.
Here are the likely timeframes of an uncontested divorce:
You must complete and submit a form (D8) to a divorce court. This can be done by post or online. You’ll need your marriage certificate to correctly copy over the relevant information. It may be worth consulting a lawyer even at this stage, since your form can be rejected if you complete it incorrectly.
Timeframe: 6-10 Weeks
Once the court has received and approved your petition, they will send a copy to your spouse with an Acknowledgement of Service form to complete and return. Nothing will proceed until this form is signed by your partner. Once it is signed and returned to the court, you will be sent a copy and the divorce can proceed to the next stage.
Timeframe: 2-4 Weeks
When you apply for a decree nisi, a district judge will be listed to consider your petition and issue (if successful) a decree nisi. Depending on how busy the court schedule is, this stage is likely to cause the longest delay in an uncontested divorce, due to the sheer volume of divorces being undertaken at any one time.
Timeframe: 6 – 10 weeks
As discussed above, once you receive your decree nisi, there is the six-week cooling off process. During this time, you have an opportunity to discuss the separation of your finances and here you should engage legal assistance. You can apply for a consent order to legally separate your assets.
You can also use this time to agree child custody and maintenance arrangements, again with legal input.
Timeframe: 6 weeks and 1 day
Once you have the decree nisi, after the cooling off period has ended, you can apply for the decree absolute, which will fully dissolve the marriage, enabling you to remarry in future should you so wish. The court should send you a decree absolute within two working days.
Timeframe: Approximately two days.
NB: If you have not come to a legally agreed financial arrangement, you can still be subject to claims against your money or assets. Such claims can be outstanding even years after heavily contested divorces.
The total minimum timeframe of the above uncontested divorce is 21 weeks, but it is likelier to be longer and it would be prudent to allow 30 plus weeks.
First and foremost, if you can reach an agreement with your partner prior to application, then things can proceed according to the above minimal timeframes.
Secondly, enlisting legal counsel (individually for both parties) should help speed up the proceedings, by enabling you to reach an acceptable arrangement in as non-antagonistic a manner as possible.
Thirdly, with appropriate legal assistance you can hit all the appropriate deadlines and complete all the necessary paperwork to ensure your divorce proceeds smoothly.
Finally, by engaging in third-party moderated dialogue with your partner on issues including shared finances and child custody, potential stumbling blocks can be negotiated in a timely manner.
Divorce is never pleasant. Even if uncontested, the act of dissolving bonds forged in hope can have deep emotional resonance. However, there’s no reason why it cannot be professionally undertaken, with experienced legal representation, to mitigate the suffering of both parties while providing the relief of a new start for both of you.
For an initial confidential chat about divorce proceedings, why not call us today?
Celeb divorces are never far from the headlines. We regularly read about stars who have headed to court and are granted their divorce in no time at all.
The reality is that getting a divorce within a matter of days, or a couple of weeks, is not possible. When the press report on these stories, it’s usually the decree nisi that is being referred to, rather than the final decree absolute.
So when considering the question ‘how long does a divorce take in the UK’, it’s worth bearing in mind that there is no thing as a ‘quickie divorce’.
Normally, it is not the divorce process itself that takes the time. Reaching an agreement regarding the financial settlement (or asking a judge to decide for you) can be a lengthy and complex process, depending on your circumstances.
If, for example, you and/or your spouse are high net worth individuals with international assets and investments, then the divorce process could take much longer, as your financial settlement could be far from straightforward.
On the other hand, if your financial situation is relatively simple and you and your spouse reach an agreement early on in the divorce process, you could find your divorce could only take a few months.
As you can see, answering the question ‘how long does a divorce take in the UK?’ really depends on your individual circumstances.
Seeking legal advice is highly recommended, so that you can make sure you don’t make any errors on your divorce papers, which could potentially slow down the process.
In addition, it’s normally recommended that you attempt to reach an agreement about the reason for your divorce before submitting the divorce petition, so that there are no unnecessary delays further down the line. A solicitor should be able to advise you if this is appropriate in your circumstances.
Finally, make sure to file all of your paperwork on time.
For more information call our divorce solicitors on 0333 311 0925 or email email@example.com.
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