Quicker Divorce
It may be possible to succeed in getting a quicker divorce in England and Wales, however, it is important to be aware that there is a minimum period of 6 to 7 months which includes a ‘cooling-off’ of 20 weeks that cannot be avoided. Divorces often take longer than the minimum timescale due to delays in the courts and spouses wishing to challenge the divorce or refusing to cooperate with the process. In this article, we will explain how you can get a quicker divorce.
How Long Does Divorce Normally Take?
In England and Wales, under the no-fault divorce process, divorce normally takes between 6 and 7 months. The standard timeline for divorce is as follows:
Week 1: Application for divorce submitted
Week 2: Divorce application processed and acknowledged
Week 3 – 23: ‘Cooling off’ period of 20 weeks
Week 24: Application for Conditional Order
Week 25 – 31: Mandatory waiting period of 6 weeks and 1 day
Week 32: Application for Final Order
As such, 32 weeks is the absolute minimum for a divorce in the UK. The bulk of this is the 20-week ‘cooling-off’ period, which is a mandatory part of the no-fault divorce law. The idea of the cooling-off period is to give those going through the process of divorce time to reflect on their decision.
How Long Does Divorce Really Take In England And Wales?
The theoretical minimum timescale for divorce is a far call from reality. The latest Family Court Statistics for the 3rd quarter of 2024 show that the real average time to finalise a divorce is 63 weeks. This is nearly double the standard time set out above.
The main reason for the difference between the theoretical minimum and actual timescales for divorce is the backlog in the family courts.
What Can Delay Divorce Proceedings?
In addition to the backlog in the courts, delays can arise due to uncooperative spouses who either do not want to get divorced or want to slow down the process, impacting your ability to get a quicker divorce. This is because when a sole application is made, additional steps are required, as follows:
1. Once your divorce application has been received and processed by the court, they will send your spouse the divorce application and an ‘acknowledgement of service’ notification.
2. On receipt of the acknowledgement of service, your spouse has 14 days to respond to the court confirming whether they agree or disagree with the divorce.
3. If your spouse decides to dispute the divorce application, they must explain why. They can only do so if there is a valid reason (e.g. you are not married or your marriage is not recognised in the UK). They cannot dispute the divorce simply because they do not want a divorce.
At this stage, if your spouse chooses not to cooperate, they may either delay their response, not respond at all, or dispute the divorce for an invalid reason.
If they dispute the divorce, the court will arrange a hearing to discuss the matter. The judge will then decide how to proceed. If the reason is valid (e.g., you are not in a legally recognised marriage), then the application for divorce will be rejected. On the other hand, if the reason is not valid, the divorce process can continue.
If your spouse chooses not to reply, the courts will want to know that your spouse has received the divorce application. To do this, you may need to serve the papers on your spouse yourself, use the services of a process server, apply for deemed service, or apply for dispensed service.
How Can I Achieve A Quicker Divorce?
While you cannot change the backlog in the family courts, there are ways to reduce the possibility of your spouse frustrating the process.
Is A Joint Divorce Quicker?
When it comes to achieving a quicker divorce, the key is coming to a mutual agreement with your spouse. Indeed, the fastest way to divorce is to make a joint application whereby you and your spouse are both included in the application. This tells the courts that you both agree to the divorce and intend to cooperate during the process. It also removes the need for the court to wait until your spouse has responded to the petition.
Would No Fault Divorce Make Divorce Quicker?
Other ways to achieve a quicker divorce in England and Wales include trying to reach a mutual agreement before your divorce and using mediation. Even if you make a sole application, by ensuring that your spouse understands the process and there are no barriers to their cooperation, you can save considerable time. It might be, for example, that by discussing any financial or property-related concerns that your ex-partner has with the divorce, you can provide reassurance and elicit their cooperation.
Read about what to do if your partner wants a divorce.
Final Words
If there has been a complete breakdown in communication between you and your spouse, consider mediation. Mediation involves the use of an independent and neutral third party who will work with you and your spouse together to reach an agreement. It may be tempting to initiate the divorce process as soon as possible so that you can have a quicker divorce, but sometimes, by taking time to reach an agreement with your spouse beforehand, you can save valuable time, inconvenience and stress.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you with all relationship matters. To make an appointment, please contact us on 01932 840 111.
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