How Long Does It Take to Get a Divorce In England and Wales?
In theory, the ‘no-fault’ divorce process in England and Wales should take around 6 months; in practice, however, it can take around 70 weeks from application to Final Order. One of the main reasons for this difference is the considerable backlog in the family courts in England and Wales. However, the actual time to divorce will depend on whether the application is digital and is made solely or jointly. In this article, we will explain the current time to divorce in England and Wales, the main steps in the process and how long each takes, and what you can do to minimise the time to complete your divorce.
How Long Does A Divorce Take In England And Wales?
So how long does it typically take to get a divorce in the UK?
According to the latest version of the Family Court Statistics Quarterly, the current time to finalise a divorce from application to Final Order in England and Wales is as follows:
|
|
Average time from application to conditional order |
Average time from application to Final Order |
|
Minimum possible |
20 weeks |
26 weeks |
|
All divorce proceedings |
45 weeks |
70 weeks |
|
Digital divorce proceedings (handled by Courts and Tribunals Service Centres and digital at all stages) |
37 weeks |
57 weeks |
|
Sole applications |
38 weeks |
54 weeks |
|
Joint applications |
32 weeks |
47 weeks |
As you can see from this table, the reality is that divorce can take between 47 weeks and 70 weeks, depending on the circumstances of your case. In general, divorce times are currently increasing due to the current backlog in the family courts.
What Is The Minimum Time To Complete A Divorce In England And Wales?
The minimum possible time to complete a divorce in England and Wales is just over 6 months. This is purely theoretical, however, as there are many factors that can delay the process. The 6-month minimum is made up of the 2 main stages of divorce:
-
The time from application to Conditional Order (20 weeks)
-
The time from Conditional Order to Final Order (6 weeks and 1 day).
A Conditional Order is an official document that confirms that the family courts see no reason why you cannot divorce. The 20-week delay is actually a ‘cooling off’ period to allow couples who have applied for divorce time to consider their decision. The idea being that some couples may decide not to proceed with the divorce and hence not apply for a Conditional Order.
A Final Order represents the final stage in divorce proceedings and confirms that you are both formally no longer married. You will need to wait 6 weeks and 1 day from when you receive your Conditional Order before applying for a Final Order.
What Are The Factors That Can Delay A Divorce In England And Wales?
Divorces typically take longer than the theoretical 6 months for a wide range of reasons, including:
-
Backlogs in the family courts – this is currently increasing in England and Wales
-
Contested applications – if one party decides to disagree with the divorce application, this can significantly delay the process. It is important to note that it is only possible to contest a divorce petition in rare circumstances, such as if the parties were never actually married or their marriage is not recognised in England or Wales. As such, it is not possible to stop a divorce simply because one party does not want to go ahead with legal separation.
Sole applications – sole applications for divorce (i.e. where only one party makes the application) take longer because the other party must respond to an acknowledgement of service notification within 14 days confirming whether they agree with the divorce or they intend to dispute the divorce. Joint applications don’t require this confirmation stage because both parties are making the application together and hence are aware of the intention to divorce.
What Can I Do To Reduce The Time To Divorce In England And Wales?
To reduce the time to divorce, the key is to gain the cooperation of your spouse in the process. By making a joint application for divorce online (i.e. digitally), you reduce the amount of paperwork and the time it takes to send and receive any documents required. If you are concerned that your partner may not cooperate, speak to a divorce solicitor who can advise on the best steps to take. (Read more on mediation services).
If you are asked for further documents, it is imperative that you provide these as soon as possible. Make sure the documents you provide are correct and meet the requirements of the court. And finally, you can reduce the time to divorce by applying for your Conditional Order and Final Order as soon as you are able to. We recommend waiting until the 20-week, and 6-week + 1-day (respectively) minimum periods have definitely passed – applying too early may cause further delays.
Final Words
If you want to minimise the time to complete your divorce in England and Wales, consider instructing a divorce Solicitor to handle your case. Our divorce law Solicitors understand the pitfalls that can cause delays and will proactively spot any issues and resolve them before the application is submitted.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to your divorce, settlement, cohabitation, or reconciliation matter. To make an appointment, please contact us on 01932 840 111.
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