When spouses decide to end their marriage, it is understandable that most divorcing couples want to part ways as soon as possible and the first question that comes to mind and the one we get asked most often is, how long does it take to get a divorce?
With the introduction of No-fault divorce in April 2022, the process of applying for a divorce takes a minimum of 26 weeks but exactly how long it takes depends on the circumstances of the case, this can include whether you have:-
- made a joint or sole application
- whether there are any issues in locating the other party
- amicability between you and your spouse
- whether you can come to a financial agreement and if other arrangements pertaining to the marriage can be agreed (making child arrangements for instance)
How long does it take to file a divorce application?
All applications made on or after the 6th April 2022 are applied for on a no-fault basis. This means neither party has to attribute blame to one another for the reason of their marriage breakdown.
The first step of the process is to make a divorce application. This can be done online via the government portal, or by post. The divorce application can be submitted by and completed by individuals, or by a solicitor who will ensure that all parts of the application are correct to prevent any delays in the process.
If you have made a sole divorce application you will be the ‘applicant’ and your spouse will be the ‘respondent’ in the proceedings. The court will check and process (issue) the application and send an ‘acknowledgment of service’ form to the respondent where the respondent is required to confirm receipt of the application and confirm that the details are correct. As the vast majority of divorce applications now proceed online, this will usually be sent to the respondent via email, if their email address has been provided. If the applicant does not know the respondent’s email address, or the respondent does not use email, then the divorce papers will be sent by post.
From the date of issue, the respondent has 14 days to complete the acknowledgment of service. The first stage of a joint application for divorce may take a little longer because although both spouses will be referred to as applicants, one spouse will have the task of preparing the application in the first instance. The draft application will then be sent to the other spouse for approval and if any amendments need to be made. Only once it has been approved by both spouses can it be submitted to the court. Therefore, if you think your spouse may use this process as a delaying tactic then you should seek advice on the best option for you.
Under the no-fault divorce law, respondents are no longer able to contest a divorce application. Before this new legislation was introduced, the respondent would have the option to contest a divorce application if they believed that the divorce had not irretrievably broken down, which could result in lengthy, hostile and often costly proceedings. Divorce applications can now only be ‘disputed’ in strict circumstances.
How long does it take to get a conditional order?
Once the application has been issued by the court, there will be a 20-week holding period before a conditional order can be applied for. A conditional order, previously ‘decree nisi’, is the interim stage of the divorce application and is an order that confirms that you are entitled to a divorce.
The thinking behind the introduction of the minimum 20-week ‘cooling off period’ is to provide a window within the divorce proceedings to afford parties time to consider other issues arising from the breakdown of the marriage, including reaching a financial settlement where possible or making child arrangements for any children of the family.
How long does it take to get a final order in place?
The final order (previously ‘decree absolute’ and often referred to as the final divorce order) is, as the name suggests, the final stage in the process. A final order is confirmation that the marriage has legally ended.
Applicants can apply for a final order 6 weeks after a conditional order has been pronounced by the court.
In a sole divorce application, a respondent can apply for a final divorce application 4.5 months after the earliest time the applicant could have made the application. However, this is a longer process and requires a hearing to be listed before a Judge.
It is important to be aware that divorce proceedings do not address or resolve financial issues arising from the breakdown of the marriage. This is a completely separate process. There are important factors to consider before applying to finalise the divorce which could impact you financially, and very often a solicitor will advise that financial issues should be resolved by way of a binding order before applying for the final divorce order. It is therefore important to consider financial issues as soon as possible upon the breakdown of a marriage and seek specialist advice where appropriate.
How long does it take to get a divorce?
With the provisions introduced by no-fault divorce as discussed in this blog, the minimum time in which a divorce can be completed is 26 weeks. However, in reality, when factoring court delays and backlogs, even the most straightforward cases will take longer than this. In the period from July-September 2023, for cases submitted online the average time from application to final order was 46 weeks.
As discussed above, various issues can impact the time it takes to obtain a divorce and in many circumstances it will be in a spouse’s interest to delay the final divorce order until other issues arising from the breakdown of the marriage have been properly dealt with, in order to protect their position.
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