For many couples going through a divorce, the ideal scenario is to have a quick and peaceful resolution, allowing both parties to move on with minimal stress.
However, the reality can be far more complicated and may result in annoying and stressful delays in the divorce process.
How long does a divorce take in England & Wales?
A divorce will typically take around 6 months to complete. However, the exact timeline can vary depending on a few different factors, such as whether your spouse co-operates with the divorce or if you have complex financial situations.
Co-operation between both parties can massively affect how long a divorce may take, especially if it has taken some time for one party to acknowledge the divorce papers or you have had to arrange personal service of the divorce papers on the respondent.
The typical divorce timeline
While 6 months is estimated to be the standard time it takes to finalise a divorce, it may take longer, with some divorces taking longer than a year to finalise. There are common misconceptions about the timeline of a divorce, which you can find out more on by reading our guide on how long you must be separated before getting a divorce.
Step 1: The divorce application
The first step in the divorce process is to make an application for divorce. You can do this by yourself or a solicitor can help you by advising you on how to correctly fill out the forms, or a solicitor can prepare and lodge the application on your behalf to ensure there are no errors that could hold up your application.
Depending how quickly you can arrange an appointment with your solicitor, the application can take anywhere from a few days to a few weeks.
Step 2: Acknowledgement of service
If one party makes an application on their own, the other party will be required to confirm they have received the divorce papers by completing and sending back an ‘Acknowledgement of service’. This must be completed within 14 days of receiving the application, regardless of whether they agree to the divorce.
Step 3: Conditional Order
Once a divorce has been issued by the court, the applicant must wait a minimum of 20 weeks before they can apply for a Conditional Order to be issued, previously known as Decree Nisi.
It’s worth noting that the 20 week ‘cooling off’ period is a minimum timeframe and it could take longer for the court to issue a Conditional Order, depending on a variety of different factors.
Step 4: Final Order
6 weeks and 1 day after the Conditional Order has been issued, the applicant can apply for the Final Order, previously known as Decree Absolute. The Final Order is the legal confirmation that the marriage has officially ended.
What causes delays in a divorce?
There are a variety of different reasons for delays in divorce, some being more common than others.
Some of the most common reasons we see for delays in a divorce include:
- The Acknowledgement of Service not being returned - As we’ve mentioned, the acknowledgement of service is one of the first steps in the divorce process. If the form is not returned within the 14 day timeframe, this can lead to delays as the divorce cannot proceed unless the court is satisfied that the respondent is aware of the divorce and has been served with the divorce application.
Thankfully, there are still steps you can take if your ex-spouse won't sign the divorce papers.
- Locating an ex-spouse - In order for the courts to send out an acknowledgment of service, the party applying for the divorce must submit the address of the respondent. In some cases, the respondent’s address might not be known.
Every effort should be made to locate your ex-partner, however, this can take a substantial amount of time and incur costs and cause delays with the divorce process. - Complex financial negotiations - Generally speaking, the fewer the assets, the more straightforward the divorce will be. Where one party has significant assets, it can result in complicated financial negotiations.
Reaching agreements on the distribution of assets can require the help of the court, which can add many months onto the divorce process.
What to do if a spouse is intentionally delaying a divorce
If you think your ex-spouse is intentionally delaying a divorce, the best thing you can do is contact a family law solicitor.
At VM Family Law, we can advise you on your options and help to take the right legal steps in order to counter delays, such as filing court applications to enforce deadlines and potentially seek cost orders against the other party for unreasonable behaviour.
We will help to guide you through every step of the process by finding the appropriate legal steps to address your ex-partners delays and protect your rights. Get in touch with our team today to find out more about how we can help to speed up your divorce process.