How Long Does a Divorce Take In the UK?
The short answer is 7-8 months. The more nuanced answer is, it depends. Learn more about divorce timescales in 2024 in this article.
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When considering a divorce, one of the most common questions people ask is, “How long does the process take?”.
The short answer is that getting a divorce in the UK takes an absolute minimum of 26 weeks, which is around 6 months, from starting the application with the court until the divorce is finalised.
The Divorce, Dissolution and Separation Act 2020 introduced two mandatory reflection periods, totaling 26 weeks.
So, the fact is that even the quickest divorce application in 2024 will take at least 26 weeks (around 6 months).
Don’t be surprised if your divorce takes 8-10 months to finalise, especially if you’re doing it yourself or hiring local solicitors.
The timescale for divorce can vary depending on your specific circumstances, such as whether:
- The divorce is uncontested or contested
- There are financial settlements to be negotiated
- You have child arrangements to make
- Your spouse cooperates throughout the proceedings
How Long Does a Divorce Take? Backed by Government Figures
On average, the time it takes to finalise a divorce in the UK, from start to finish, is around 7 months.
Although the Ministry of Justice reports an average time of 62 weeks for the full divorce process, this can vary based on several factors.
At Divorce-Online, our experience with over 150,000 cases shows that most clients complete the process in 7 months, significantly faster than the government-reported average.
It’s essential to remember that while a divorce can take longer due to delays (e.g., unresponsive spouses or incorrect paperwork), it’s unlikely to take the full 62 weeks when you choose a reliable online service.
Key Factors That Can Extend The Divorce Process
Some of the most common factors that can extend the process include:
Disputes
When there are disagreements over financial settlements, child custody, or the division of assets, the divorce process can take longer. Financial and property disputes are often the most complex part of a divorce.
Divorce Service
The choice of divorce service can make a huge difference. Online divorce providers are potentially faster than high-street solicitors. Attempting to complete your own divorce is the cheapest way to divorce, but it’s not the quickest or easiest.
Application Type
Joint divorce vs sole application. Applying together can be quicker if both parties maintain communication throughout and submit the forms when necessary. Sole applications can be faster in cases where a spouse ignores the divorce papers as you don’t need to start a new application.
Uncooperative Spouse
One of the most common reasons for delays is when a spouse is uncooperative or refuses to engage in the divorce process. This can happen when a spouse refuses to sign or acknowledge the divorce papers, ignores communication, or actively avoids the process.
Can I Speed Up the Divorce Process?
While some factors in the divorce process are beyond your control, there are several steps you can take to ensure things move as quickly and smoothly as possible.
By being proactive and prepared, you can reduce the time it takes to finalise your divorce.
Some ways to speed up the divorce process include:
- Being prompt with paperwork – This can often be the case when couples handle the divorce themselves. It’s easy to let life get in the way and let your divorce go by the wayside.
- Cooperate with your spouse – Maintain open communication with your spouse and seek their cooperation. If both parties are willing to work together, you can avoid common issues that cause delays, such as ignored paperwork or disputes over the terms of the divorce.
- Check for accuracy in divorce papers – Even minor mistakes, such as incorrect spelling or missing information, can result in your divorce application being rejected, forcing you to resubmit and wait for the court to process it again.
- Apply online rather than postal forms – Applying for a divorce online is one of the fastest methods available in the UK. Online divorces are easier to complete, involve fewer steps, and reduce the risk of paperwork errors that could delay the process.
- Have a financial agreement in place early on – Proceeding with a divorce without a financial settlement in place can create potential problems down the line. To prevent delays and avoid issues after the divorce is finalised, try to reach an agreement on how to divide assets (such as property, savings, or pensions) early in the process.
Other important factors that can speed up the divorce process:
- No children or custody disputes – Divorces involving children can introduce complications, particularly when parents disagree over custody or visitation rights. Without children, there’s no need for discussions or legal disputes over parental responsibilities.
- Prenuptial or nuptial agreements in place – A prenuptial or postnuptial agreement can drastically reduce the time it takes to finalise a divorce. Referring to an existing agreement allows both parties to bypass potentially contentious issues, keeping the divorce process smoother and quicker.
- No residential property ownership – When there’s no jointly owned property, the division of assets becomes far simpler. Property is often one of the most complex and contentious elements of divorce, particularly when there’s a disagreement over whether to sell or retain it.
- Open communication between both parties – Effective communication between divorcing parties is one of the most critical factors for speeding up the process. Couples who can discuss the terms of their divorce face-to-face, or even virtually, are more likely to reach agreements on important matters.
The Divorce Timeline: Step-by-Step Process
Here is a simplified breakdown of the divorce process in England and Wales:
- Filing An Application – The first step involves submitting your divorce application. This can be done by one or both spouses, with most applications being filed online The application sets out the basic information about your marriage.
- Acknowledgement from the Court – Once the application is submitted, the court reviews and issues an official confirmation that the process has begun. This step marks the start of the legal proceedings and indicates that your case is now in motion.
- Notifying the Other Spouse (for Sole Applications) – For divorces initiated by only one spouse (sole applications), the court sends a copy of the divorce application to the other spouse. This ensures they are informed and can participate in the process. The spouse receiving the notice must acknowledge receipt, confirming they are aware of the proceedings.
- The 20-Week Reflection Period – Once the court has issued the divorce, a mandatory reflection period begins. This period allows the couple time to consider the implications of their decision. Although this waiting period is legally required, it also provides time to address related issues such as finances or child custody arrangements.
- Requesting the Conditional Order – After the reflection period, the next key step is applying for a Conditional Order. This stage confirms that the court sees no reason to stop the divorce. This order legally acknowledges that the marriage has broken down irretrievably.
- Addressing Financial and Custody Matters – During the divorce process, financial and custody agreements can be made between the spouses or decided by the court. Finalising these agreements is crucial, as unresolved disputes can delay the Final Order.
- Applying for the Final Order – The Final Order (formerly the Decree Absolute) is the document that legally ends the marriage. Once this order is granted, the marriage is officially dissolved, and both parties are legally recognised as divorced.
How long does an online divorce take?
An online divorce is the fastest route to get divorced.
In most cases, you can complete an online divorce from start to finish within seven to eight months.
In comparison with alternative options, such as do-it-yourself or instructing solicitors, it’s a much simpler and quicker solution.
When you compare this to the time it takes to complete a do-it-yourself divorce, it’s night and day.
The majority of people undertaking a DIY divorce will experience delays.
Alongside delays, most experience high levels of stress. Dealing with a legal procedure is hard.
It can become too much for some people, especially when coupled with a busy life. This is why thousands of people choose to get divorced online.
Why does a do-it-yourself divorce take longer than a divorce online?
If you’re selling a home, setting up a business, or renovating your garden, it’s usually quicker to hire professionals than to learn how to do it yourself.
The same can be said for divorce. Here are the main reasons why a do-it-yourself divorce is slower than getting a divorce online:
- Busy lives – Most people lead busy lives with work and/or children. Life can often get in the way of responding to the court, leading to prolonged divorce proceedings.
- Completing paperwork is slower – You will need to spend time reading the divorce forms and understanding what information is required at various stages.
- Errors in completing details – You are completing legal forms. The legal terminology is often not the most straightforward. If mistakes are made, this can cause delays.
- Understanding legal procedure – It can take time to understand what you need to do and when it needs to be done. This time leads to longer divorce proceedings.
- Dealing with your spouse – If a spouse ignores the divorce for whatever reason then further actions are required by the applicant.
For these reasons, a DIY divorce is not the quickest way to get divorced.
To learn more about the differences between divorce online and DIY divorce, read our detailed comparison – Comparison of Divorce-Online vs DIY Divorce.
Want To Avoid a Prolonged Divorce? Speak to our friendly team on Live Chat for quick and reliable answers, call us on 01793 384 029, or request a free callback. 👋 Chat with us now!
What you’ll need to apply for divorce
Firstly, you need to know what requirements there are to start a divorce since the introduction of the no fault divorce law in April 2022.
To get an uncontested divorce through the court you’ll need to:
- Have been married for at least 12 months
- Have your marriage certificate (or certified copy of the original)
- Know the email address & residential address of your ex-spouse
- Pay the court fee of £593 (unless you’re exempt)
Unlike the previous divorce law where the majority of petitioners used unreasonable behaviour as the grounds for divorce, you now simply need to make a statement of irretrievable breakdown on the D8 divorce form.
Although your former partner cannot contest the divorce, you must still provide the court with an address where a copy of the divorce papers can be sent.
The divorce process does not change irrespective of whether you hire divorce solicitors, get divorced online, or opt for a DIY divorce.
Quick question
How long does a divorce take without an address?
If you have been separated for many years and you don’t know where your spouse lives, it will likely take you longer to get divorced.
A divorce when you don’t have an address for your spouse can take nine to twelve months to finalise.
My partner lives abroad, how long will my divorce take?
This can depend on jurisdiction among other things.
If you are a UK citizen, you can apply for divorce through the UK’s courts.
You may require legal advice as an international divorce is not always as simple. You should expect a divorce when your partner lives abroad to take nine to twelve months.
Can a spouse drag out a divorce?
Yes, a spouse can drag out a divorce, but not in the same way they used to.
No-fault divorce law all but removed the ability for spouses to contest a divorce. So, in that sense, a spouse is unlikely to be able to drag out a divorce for a long time.
What they can do, however, is ignore the divorce papers. If the divorce papers are ignored, it’s likely to add 2-4 weeks to the overall time scale as additional hoops may be required to continue.
Do you have to go to court to get a divorce?
You will not need to attend court in person to get divorced in all but 0.1% of cases.
In-person court appearances are usually only for high-profile cases where spouses have a high net worth and cannot agree on the division of money and assets.
If you’re filing for divorce, you can be confident that 99.9% of all applications can be completed without any need for court appearances.
How long does it take to get a financial settlement?
Reaching a financial settlement in divorce is often a complex and stressful matter.
The time it takes to get a financial settlement usually depends on how complex your financial situation is.
Do you have overseas property, investments, inheritance, and so on? Or do you simply have joint savings to divide?
If you can agree on the terms of your financial agreement before applying for the Final Order, it can ensure that your agreement becomes legally binding upon divorce.
Now, you can get divorced without a financial settlement in place, but that does come with some potential repercussions down the line.
What else can affect the timescale of a divorce?
The timescale for divorce will depend on many factors – some within your control and some outside of your control.
There are common things that delay divorce proceedings, so it’s always advisable to try and avoid those.
Other factors will be based on whether you submit a joint application for divorce with your partner or file as a sole applicant.
You would assume that filing together would be the quickest, but it can work the other way and actually cause more delays; if either party drags their heels or is inefficient at returning documents to the court.
It’s also quicker to apply for a divorce online over using the postal method or hiring solicitors.
Action | Marriage |
---|---|
Missing spouse | If you don’t know the whereabouts of your spouse or can’t provide a current address, this can significantly delay your divorce by between 3-6 months. |
Spouse lives abroad | If your spouse resides in a different country, serving them with divorce papers can be more complex and time-consuming. International divorce cases can between 12-18 months to finalise. |
Court backlogs | Court backlogs are a common cause of delays, particularly in areas with high divorce rates or during times when courts are dealing with a large number of cases. |
Mistakes in divorce papers | Errors in the paperwork can cause significant delays, as incorrect forms may need to be corrected and resubmitted to the court, essentially restarting proceedings. |
Collaborative law & mediation | While collaborative law can be helpful in complex divorces, it can be more time-consuming and costly than mediation |
How Divorce-Online can help you
The decision to get divorced is never easy, however, dealing with the legal process should be.
This, unfortunately, isn’t the case in most instances when you decide to handle your own divorce. Legal paperwork, court numbers, various applications, etc.
Why not take the stress out of your divorce proceedings and allow us to handle the entire process for you from start to finish for £249?
Start My Divorce Today – The Quicker and Simpler Way To Get Divorced
This service is ideal for couples that want to obtain a divorce without any hassle and spending thousands of pounds on lawyers’ fees. Our service is the simplest solution to getting divorced.