What’s the Quickest Way to Divorce?

The new divorce law has now been in place almost a year. It offers a simpler process and aims to reduce acrimony.

Our team of divorce lawyers in Milton Keynes can guide you through the no-fault divorce process and this article will give you a snapshot and overview of how it works.

The first question we often get asked is – how long will my divorce take? In short, at least 6-8 months.

Divorce applications can either be made jointly by both parties or by one party on their own. The only ground for divorce is the irretrievable breakdown of the marriage. This is evidenced by “a statement that the marriage has broken down irretrievably” (previously one of five facts was required). If a joint application is made, the parties will be referred to as applicant one and applicant two (rather than petitioner). It is possible for a joint application to become a sole application, but a sole application cannot be converted to a joint application.

The Conditional Order (previously called the decree nisi) cannot be applied for until 20 weeks after the issue of the application. Once applied for, the Court will consider the application/ documents to decide if the parties are entitled to a divorce. They will then fix a date for the conditional order to be pronounced.

The Final Order cannot be applied for until 6 weeks and 1 day after the pronouncement of the Conditional Order. If a joint applicant is making a sole application for a Final Order, then they must give 14 days’ notice to the other party and file a certificate of service.

For this reason, it will take at least 6 – 8 months for a divorce to be completed even in the most straightforward cases.

The Court does have the power to shorten the 20-week period. The reason for introducing the cool-off period was to give parties time for reflection before the divorce is finalised. There are however ways in which this can be shortened. For example, this could be where two parties have been separated for a considerable amount of time and have agreed the finances. They will have had time to reflect already and therefore this would not be an application made in the heat of the moment.

Each application to shorten the timeframe will be considered on its own merits. However, it is only really in exceptional circumstances. It is not possible to get a “quickie divorce” unless there is good reason. It is not expected to be a regular and easy application so is unlikely to be available to most.

The divorce application itself is fairly straightforward. You can apply online, either with your spouse or on your own. It is a far more amicable process. You need both parties’ full names and addresses along with your original marriage certificate or a certified copy (and a translation if it is in a foreign language).

The current fee is £593 which can be agreed to be split between both parties. Assistance with the Court fee may be available for those on benefits or low income.

The application is straightforward and should not take longer than 15 minutes or so. The application is submitted online and the Court will send confirmation when the application has been processed and sent to your spouse.

It is unlikely that you will need to attend Court for the divorce itself. Attendance at Court is usually only required where there are disputes over the matrimonial finances or child arrangements. It may then be required for you to attend Court but there are other alternatives that can be explored. Court really should be a last resort. If you want to discuss the alternative options available, then please do get in touch with one of our specialist solicitors who can assist you and give more information.

Ready to take the next step? As leading divorce lawyers in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. We also have offices in Watford and London. 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.