In our previous article, we looked at how long the divorce itself typically takes, from the application through to the Conditional Order and Final Order, a process that, in a straightforward case, can be completed in around six to seven months. In this second article, we turn to the question we are asked just as often: once the decision to divorce has been made, how long does it take to sort out the finances?
As noted in our first article: financial remedy proceedings are legally separate from the divorce itself. These proceedings are governed by different rules, involve different court forms, and run to a different timetable, which, save for two points of overlap explained below, is not tied to the 26-week divorce clock at all.
Understanding how the two timetables relate, and where they meet, is essential to planning realistically for the process as a whole.
Financial claims can be resolved either by:
- Agreement via a form of “non-court dispute resolution” or otherwise -The agreement should then be incorporated into a formal “financial consent order”. The financial consent order must be submitted to the court for approval (along with certain other documents) but provided all is in order the process can be completed without either party ever attending a single court hearing.
- Court proceedings– Proceedings can be commenced by either party. It doesn’t matter who is the “applicant” in the divorce proceedings.
The typical stages of contested court proceedings are:
- The application is issued.
- The court sets a timetable including exchange of financial disclosure and other information needed to have an effective first appointment (or directions hearing). Exchange of financial disclosure is usually 2 – 3 months after the application is issued.
- The parties attend a First Appointment. The parties agree or a judge will decide what information is needed to negotiate and to resolve the case.This is usually listed 3 – 4 months after the application has been issued.
- Financial Dispute Resolution (FDR) hearing – this is a without-prejudice hearing aimed at helping the parties negotiate and agree a settlement. If this hearing is required, it is usually listed 6 – 8 months after the first appointment. The date will depend on what has been decided at the First Appointment (what needs to be done) and court availability.
- Final Hearing – at this hearing a judge will decide the outcome of the case.
This hearing is only needed if the FDR doesn’t result in agreement. It is usually listed 6 – 8 months after the FDR hearing.
So typically how long does it take to resolve?
In a contested case running to a Final Hearing, the financial proceedings alone regularly take 12 to 24 months. Throw in interim applications relating to business valuations, pensions, maintenance or other issues, and it can run well beyond that.
The process is much quicker, if parties can either agree directions (which means what information or evidence they need to be able to negotiate); agree a non-court dispute resolution forum (which means they are not tied-into the court timetable and availability; or agree terms.
There is more information about the various NCDR processes in a separate blog.
The overlap: how this timeline interacts with the Divorce timeline
- The court does not have the power to make many of the financial orders required until the Conditional Order has been pronounced in the divorce proceedings.
- Once financial orders are made, they commonly only take effect (i.e., can be enforced) once the Final Order in the divorce proceedings has been granted.
Practical tips for managing the timeline
- Get advice early. Early advice helps with planning when to apply for each stage of the divorce alongside the financial process, rather than defaulting automatically to the fastest possible divorce. Know and understand your strategy.
- Take stock. Think about what you need to know in order to be in a position to negotiate. Your solicitor should advise on an appropriate approach and strategy.
- Be pragmatic. Provided both parties want to resolve matters fairly, seeking to agreeing directions (what information or evidence is needed) is in both parties’ interests. You should not feel “stuck” within a court process.
- Be flexible. Consider and assess (and reassess) NCDR options at each stage.
Frequently asked questions
Can I get divorced without sorting out the finances first?
Yes, the two processes are separate, and you can complete the divorce (through to Final Order) without a financial settlement in place however – this carries a risk: once the Final Order is made, certain protections or rights fall away, including, for example, entitlements to your spouse’s pension or potentially occupation rights to a family home. For this reason, it is usually advisable to have a financial consent order in place, or your financial claim otherwise protected, before applying for the Final Order, although the right approach depends on the circumstances of the case and should be discussed with your solicitor.
Does applying for a divorce automatically deal with the finances?
No. Including a financial claim in the initial divorce application keeps the option open, but it doesn’t resolve anything on its own, a separate financial order (whether by consent or through contested proceedings) is needed to actually resolve the financial issues.
Is there a time limit to claim a financial settlement after divorce?
No formal time limit exists, but significant delay can affect what the court is willing to award, and remarriage can bar certain types of claim entirely. It’s best treated as something to resolve at the time of divorce, not years afterwards.
Conclusion
The “divorce” itself, in the narrow legal sense of ending the marriage, is usually the fastest part of separating under the current law, often achievable within 6 to 7 months. What actually determines the overall length of the process is how quickly, and how amicably, the financial settlement can be reached. Because the two processes run on separate tracks but interact at key moments, particularly around the Conditional Order and Final Order, getting early legal advice on how to sequence them is usually worthwhile, and how that sequencing should look will depend on your own circumstances, such as whether pensions, business assets, or an international element are involved.
Every divorce is different, and the right sequencing for your situation depends on your own circumstances, your assets, whether pensions are involved, and how amicable things are between you and your former spouse.
For an initial FREE consultation on this or any aspect of family law, call Manders Law on 01245 895 105 or email us here.
Note: this blog is intended to give an overview (rather than comprehensive guidance and advice) on your legal or financial position and is provided for information only. It is not an endorsement of any product or service provider.