If you’ve just started thinking about divorce, there’s a good chance the question keeping you up at night isn’t “how do I file for divorce”, it’s “how long is this actually going to take, and when will I finally feel like it’s over?” It’s a fair question, and formally ending a marriage is often the quickest part of the process. What really takes the time is sorting out the finances and how long that takes depends on how ready both parties are to actively engage in negotiations – if they aren’t they should be prepared for matters to take over a year.
What most people don’t realise until they’re already in the process, is that divorce and finances are dealt with separately. This means dealt with by a different court, as part of different ‘journeys’. The processes start at different times, run on different clocks, and finish independently of each other, unless you actively manage how they fit together. Get the sequencing wrong, and you can end up legally divorced while still fighting over the house eighteen months later, or worse, discover you’ve accidentally signed away a claim you didn’t know you had. Get it right, and the whoe process should feel far more like a clean, managed transition than an open-ended ordeal.
This is the first of a series of articles which will walk you through both timelines, why they are separate, and, most importantly, how to make sure the gap between them doesn’t cost you.
How long does the divorce itself take?
The “no-fault” divorce process has been in place since April 2022.
The timeline is:
- the application is lodged, either jointly or separately
- after 20 weeks the applicant(s) can apply for the Conditional Order (formerly Decree Nisi). This 20 week-wait serves as a built-in “reflection period” to stop anyone rushing into a decision they might regret.
- after a further 6 weeks and 1 day the applicant(s) can apply for the Final Order (formerly Decree Absolute), which formally ends the marriage.
Added together, that’s a statutory minimum of around 26 weeks. Once you factor in court processing times and the practical steps of preparing and reviewing the application, most straightforward, uncontested divorces take somewhere in the region of 6 to 7 months from start to finish.
Delays can arise from:
- court processing times, which as with all offices fluctuate with workflow and staff capacity
- difficulties serving the application on the other spouse, particularly where their whereabouts are unclear or they are based abroad
- jurisdictional disputes, where there is a challenge as to whether the court (of England and Wales) is able to deal with the case at all
- errors in the application itself, which can cause rejection and require resubmission. This can (and usually is) caused by something as simple as not uploading a clear and complete copy of the marriage certificate.
How do the financial remedy proceedings slot in?
Financial remedy proceedings are procedurally separate from the divorce itself. The process is governed by different rules, involves different court forms, and a different timetable, which save for one point is not tied to the 26-week divorce clock at all.
Practical tips for managing the timeline
- Get advice early. A solicitor will advise you when to progress each stage of the divorce process alongside the financial process, rather than defaulting to the fastest possible divorce which may harm your financial position if mistimed.
- Don’t assume divorce and financial settlement automatically start and finish together– They don’t and treating them as a single process is one of the most common misconceptions people have going into separation.
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.
Conclusion
The “divorce” itself, in the narrow legal sense of ending the marriage, is usually the fastest part of separating, often achievable within 6 to 7 months. What actually determines the overall length of the process is how quickly, and how amicably, the finances can be resolved. This will either be by agreement or determined by a judge (or an agreed professional). Because the two processes run on ‘separate tracks’ but interact at key moments particularly around the Final Order, getting early legal advice on how to sequence them is one of the most valuable steps anyone going through a divorce can take.
Every divorce is different, and the right sequencing for your situation depends on your particular circumstances. If you’d like to talk through how your own timeline is likely to look, our specialist family team would be happy to help. Get in touch to arrange a conversation.
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.