“How long will it take me to get divorced?” is one of the first questions people ask when a marriage comes to an end.
There isn’t one answer for every divorce, but there is a minimum timetable. In England and Wales, even a straightforward divorce will usually take a little over six months.
Why Does Divorce Take at Least 26 Weeks?
Since no-fault divorce was introduced in April 2022, couples no longer have to give a reason such as adultery or unreasonable behaviour to end their marriage.
Once the divorce application has been issued, there is a minimum 20-week waiting period before you can apply for the Conditional Order.
After the Conditional Order is granted, you must wait a further six weeks and one day before applying for the Final Order, which legally ends the marriage.
This means that, even when both spouses agree and everything runs smoothly, a divorce will take just over 26 weeks at the very least.
Can It Take Longer?
Yes. The 26 weeks is a minimum rather than a guaranteed completion date.
There may be delays with paperwork or the court, but one of the main reasons a divorce takes longer is that the couple’s finances still need to be sorted out.
The divorce itself and your financial arrangements are separate matters.
You may need to agree what happens to the family home, savings, pensions, maintenance or other assets. Depending on the circumstances, this can take longer than the divorce application itself.
What About the Final Order?
It can be tempting to apply for the Final Order as soon as you are able to, particularly if you want the divorce behind you.
However, it is worth speaking to your solicitor before doing so if your finances haven’t been resolved.
The Final Order changes your legal status and there can be financial implications to consider. Divorce on its own also doesn’t automatically bring the financial claims between former spouses to an end.
How Long Should You Expect?
For a straightforward divorce, just over 26 weeks is the earliest you would usually expect the process to be completed.
If finances are more complicated or an agreement hasn’t yet been reached, it may take longer.
Rather than concentrating solely on getting divorced as quickly as possible, it’s important to make sure the financial side of the separation is dealt with properly too.
If you’re thinking about divorce and want to know what the process is likely to involve, Lund Bennett Law can advise you on both the divorce itself and any financial matters that need to be considered.