Navigating the Unknown: Understanding the Length of Time for Divorce Proceedings
By Kelly Parks – Banner Jones Family Law
A common question that separating couples ask is ‘How long will my divorce take to complete?’ In England, the length of time for divorce proceedings can vary depending on various factors, and is therefore different in every case. It is important to seek independent legal advice if you require specific advice regarding the circumstances of your case. Here are some key points and general guidelines regarding the timeline for divorce proceedings in England.
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No-Fault Grounds:
The Law in England and Wales changed in April 2022 to introduce the ‘No-Fault’ divorce. The sole ground for divorce remains the same and that is the irretrievable breakdown of the marriage, but divorcing couples no longer have to give any reasons for the breakdown of the marriage. Irretrievable breakdown of marriage means that there is no chance of you and your spouse resuming the relationship, and this is usually because either one of both of you have decided that the marriage is at an end. A couple can apply for divorce once they have been married for at least 12 months. Divorcing couples no longer have to show that they have been separated for a specific length of time, which technically means that the application for divorce could be submitted to the Court on the same day that you decide to separate as long as you have been married for at least 12 months! However, it is usually advisable to take some time to consider whether divorce is the right option for you and whether or not there is any chance of reconciliation. If you are unsure whether or not to apply for a divorce, seek advice from a Family Law Specialist.
Timeline:
The divorce process typically takes several months, and it involves several stages. The minimum time from submitting the divorce application to the Court (formerly known as the Divorce Petition) to obtaining the final order of divorce (formerly known as Decree Absolute) is approximately six months. However, the actual timeline is almost always longer than 6 months and this depends on the complexity of the case, the cooperation of both parties, the need to resolve financial matters and the court’s caseload.
The No-Fault Divorce process introduced a new minimum period of 20 weeks from the start of proceedings to when the ‘Conditional Order’ can be made and keeps the 6 week period between the Conditional Order and when the Final Order can be made. The key stages of divorce are:
Submitting an application for divorce to the Court.
This can be done online. There may be a slight delay between submitting your application and the Court ‘issuing’ the application (assigning a unique case reference number). The initial 20 week period will run from the date that the Court issues the application,
Acknowledgment of Service.
If you have submitted a sole application for divorce and your spouse does not complete the Acknowledgment of Service, you may need to take further steps before you can move on to the next stage which can delay the divorce proceedings.
Application for Conditional Order.
A minimum of 20 weeks must have elapsed since the date that the application for divorce was issued by the Court. The Court will process the application and pronounce (make) the Conditional Order. If the first two stages have not been completed correctly, the Court may refuse to make a Conditional Order until the errors have ben rectified.
Application for Final Order.
A minimum of 6 weeks must have elapsed since the date that the Conditional Order was pronounced by the Court. There can be good reasons for delaying the application for Final Order and you should always seek legal advice from a Family Law Specialist before completing the final stage of the divorce. The Final Order is the Court Order that legally ends the marriage.
Financial and Child Arrangements:
Divorce is usually not the only issue to resolve, there are often lots of questions around financial matters and arrangements for the children following a separation, which can have an impact on the timeline for divorce. This can sometimes feel a little overwhelming and lots of people are unsure where to start.
In some cases, it may be necessary to address urgent issues regarding children or finances before starting divorce proceedings, or it may be that these issues need to be dealt with alongside the divorce proceedings. A Family Law Specialist can discuss your specific circumstances with you and help you to resolve each issue in order of priority.
It is extremely important to seek advice from a Family Law Specialist regarding the financial aspect of the divorce before applying for the Final Order of divorce. It is often advisable to delay ending the marriage until all financial matters have been resolved.
Legal Representation: Do I really need a solicitor?
The short answer is ‘No’ you do not need to instruct a Solicitor to issue Court proceedings for divorce or otherwise, the Courts will accept applications from individuals who do not have any legal representation (known as litigants in person). However, if you are unsure of the process or are having difficulty resolving issues relating to finances or children, it is strongly recommended that you seek advice from a Family Law Specialist who can either offer full representation or offer support and guidance if you wish to represent yourself within the proceedings.
It’s crucial to consult with a family law solicitor for advice tailored to your specific situation. Additionally, since laws and procedures may change, it’s advisable to check the latest guidelines from reliable legal sources or seek professional advice for the most up-to-date information.