In England you can get divorced if you’ve been married for a year or more. Once the divorce is final, your marriage will be officially over.
When divorces go quickly
Many couples manage to come to a mutual agreement about their divorce terms without going to court or hiring a solicitor. If you both want the divorce, the shortest realistic timescale is about six months, because the law sets a minimum of 26 weeks between the application and the final order. However, it will take longer if you can’t come to an agreement and there are children, property and other shared finances to take into consideration.
The typical divorce timeline
On average, it takes about a year for most couples to end a marriage and come to a mutually satisfactory financial settlement.
The divorce itself runs to a fixed timetable. You must wait 20 weeks from the date the application is issued before you can apply for the conditional order, then a further six weeks and one day before you can apply for the final order. That is 26 weeks at the very least, and only the final order ends the marriage. Anything beyond that is usually down to the finances rather than the divorce.
In alignment with the digital age, all new divorce applications must now be filed online. The government portal walks applicants through each stage of the application, with clear prompts on how to upload and access documents. You can access the service directly yourself, or your solicitor can manage the process on your behalf. To find out more visit the Government website: Apply for Divorce.
What Makes the Divorce Process Quicker?
An increasing number of people are choosing “quickie” divorces online, but in reality, this is often false economy. You will still have to pay the divorce application fee and there are often hidden costs involved, and many people end up seeking legal advice anyway. The quickie divorce sites don’t often address crucial legal aspects of the divorce such as the Consent Order, which is a document which deals with the financial relationship of a divorcing couple.
Research shows that most people try to make their marriages work before starting divorce proceedings. The average person will try for approximately eighteen months, trying hard to find ways to reconcile. If you have found yourself in the position where you or your partner is ready to get a divorce, there are some things you can do to make the process quicker.
- Start sorting the finances and the arrangements for the children early. The divorce itself can no longer be contested, so these are what add time.
- Provide responses as quickly as you can to avoid delays.
- Make sure your documents are correct. If you’re not sure how to complete them seek legal advice. Errors in documents can hold up the process by weeks or months.
In many cases, deciding to separate is a mutual agreement and the process is reasonably easy. However, disagreements about children and finances often make matters much more complicated.
The Impact of Court of and the length of the Divorce Process
If you decide to go to court the process will take longer, but with the right lawyer on your side you’re more likely to come to an agreement that works for you. Collaborative Law and Mediation can also help you resolve issues around finances and how children are looked after without having to go through the courts. By working with a mediator, disputes can be avoided and it’s possible to come to a mutually beneficial decision.
If you can’t agree on the practical side, such as who pays the court fee or how things should be split, take advice from a solicitor. You no longer have to choose a reason for the divorce. A statement that the marriage has broken down irretrievably is all the court needs, and your spouse cannot dispute it. That leaves a solicitor free to concentrate on what still has to be decided: making sure the finances and assets are divided fairly, and agreeing the arrangements for the children.
Hiring a solicitor is also a good option in cases where the marriage has broken down to such an extent that both parties can no longer communicate. Solicitors can speak to your ex-partner and their legal representative on your behalf, so you don’t have to.
Since 6 April 2022, no fault divorce has applied across England and Wales. You apply on the basis that the marriage has broken down irretrievably, either on your own or jointly with your spouse, and neither of you has to blame the other.
Pre-Nuptials and Post-Nuptials
Very few people enter into a marriage with the intention of breaking up. But according to recent statistics 42% of UK marriages end in divorce. For this reason, it’s advisable to consider a pre-nuptial (or post-nuptial) agreement in case things don’t work out.
A pre-nuptial is a contract that’s signed prior to a marriage to clearly set out how money and property will be divided if the marriage does come to an end. It’s still possible to put an arrangement like this in place if you’re already married, and this is referred to as a post-nuptial agreement.
We Can Help Make the Divorce Process Easier
At Sadler Cross Family Law, we specialise in divorce, finances, and child arrangement orders. We understand that getting divorced is one of the most stressful and upsetting life events, and there are bound to be strong emotions involved. We are here to help. Our family law solicitors are highly trained, experienced and very supportive, and we have worked on a huge range of different divorce cases.
Our priority will always be helping you achieve the right outcome as quickly and affordably as possible. If there are children involved, their best interests will always come first, so you can rest assured that we will do everything we can to ensure your family is taken care of.
We will be happy to provide you with impartial advice to help you decide if mediation or court is the better route for you, and we will always take the time to understand your individual circumstances and needs. You can trust us to be honest and transparent with you from the outset, using our vast knowledge and experience to give you an indication of how long things will take, and what costs to expect, so you can make an informed decision. To find out more about how Sadler Cross Family Law can support you with your divorce book a free 30-minute consultation today.
