How Long Does It Take to Get a Divorce in the UK?

The length of a divorce in the UK can depend on a variety of factors. This will include how cooperative both parties are and whether there are financial or childcare disputes. How long does it take to get a divorce? Here we explain the typical timeline for divorce and look at what might speed up, or slow down, the process.

Since April 2022, there has been a no-fault divorce system. This means that you no longer need to assign blame for the breakdown of the marriage. That means the divorce process is now more straightforward and includes the following stages: Filing the divorce application which can be done by one spouse (sole applicant) or jointly. There is then a 20-week waiting period between the application and applying for a conditional order (formerly called the decree nisi). The conditional order is granted meaning the court confirms that you’re entitled to a divorce. Then the final order is granted. This legally ends the marriage and is issued at least 6 weeks after the conditional order. These stages apply in England and Wales. (Scotland and Northern Ireland have different procedures).

You have to wait a minimum of 20 weeks from the date the divorce application is issued before you can apply for the conditional order (under the current system). This “cooling off” period was introduced to encourage time for reflection. It also allows some time to address financial and child arrangements.

Once the conditional order has been granted, you then have a minimum of 6 weeks and 1 day before you can apply for the final order. This is the order which legally ends your marriage. The minimum time it takes to get divorced in (England and Wales) is just under 6 months. That is if everything runs smoothly and there are no delays. Please be aware that most divorces take longer, sometimes much longer, because of financial negotiations, child arrangements, and administrative delays.

There are lots of reasons why a divorce may take longer than hoped or expected. There can be disagreements over child arrangements or finances or a delay in providing financial disclosure. There can also be court backlogs or administrative errors. Some divorces will be legally complex if they include international property or business assets for example. If financial arrangements are not sorted out before the final order is granted, it may be more difficult to claim assets later, so taking the time to reach a full settlement is in your best interest.

While you can finalise your divorce without sorting out your finances, it is usually advised to resolve all financial matters before applying for the final order. Whilst financial claims remain open post-divorce (subject to remarriage), parties no longer have the status of spouse following divorce, and this can impact on entitlement to state and pension benefits, particularly in the event of death. For this reason, it is preferable to address financial aspects by way of Court order, prior to the divorce being finalised. You and your spouse can either agree on a financial settlement (which can be made legally binding through a consent order) or ask the court to decide. Negotiations, mediation, and, if necessary, court proceedings to resolve financial claims can add months to your divorce.

Although there are minimum waiting times, there are a few ways to help keep the process moving. You should respond promptly to all legal documents and court communications. Provide full and honest financial disclosure as early as possible and try to work cooperatively with your spouse if your circumstances allow. Make sure to hire a family law solicitor to ensure that paperwork is completed correctly. Trying to rush the process or avoid key steps can backfire, especially if it results in errors, disputes, or court involvement later on.

The courts ask all couples to attempt alternative dispute resolution (ADR) as a way to help speed up your divorce. It also avoids the stress and cost of going to court. Options available include mediation where a mediator will help you and your ex agree on financial or parenting matters. Collaborative divorce is also an option, where you and your spouse work with solicitors in a series of meetings to reach a joint settlement. Another form of ADR is private financial dispute resolution, where you have a private hearing with a family law expert who gives a non-binding view on likely outcomes.

The fastest possible divorce in England and Wales takes a minimum of 26 weeks (about 6 months). It can only happen this quickly if there are no delays or financial issues. Most divorces do take longer. By working cooperatively, staying organised, and considering alternative dispute resolution, you can reduce delays. We always recommend speaking to a specialist family law solicitor to get personalised guidance and support throughout your divorce.

If you are thinking of divorcing, our experienced family law solicitors in Milton Keynes can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.