How Long Does A Divorce Take

One of the first things people want to know when a marriage ends is how long does a divorce take, usually because they are keen to move on and would rather not have it hanging over them. The answer is that there is a minimum period set by the process itself, and then a variable period on top that depends mainly on the finances. This article explains the fixed timetable, what tends to add to it, and how to keep your divorce moving rather than letting it drift.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“I would definitely recommend you to others – Thank you very much” (P Laskey)

Is There A Minimum Length Of Time A Divorce Takes?

Yes. However simple your circumstances, a divorce cannot be completed in a matter of weeks, because the process has two compulsory waiting periods built into it. After the application is issued, twenty weeks must pass before you can apply for the conditional order, which is the court confirming that you are entitled to a divorce. Then a further six weeks and a day must pass before you can apply for the final order, which actually ends the marriage.

Taken together, these waiting periods mean that even the most straightforward divorce takes a minimum of around six months from start to finish. There is no way to shorten them, and they apply regardless of how amicable the separation is or how quickly the paperwork is dealt with.

Why Are There Built In Delays?

The waiting periods are deliberate. The twenty-week period in particular is intended to give couples time to reflect and, just as importantly, time to sort out the practical questions of money and children before the marriage is formally ended.

This reflects something that catches a lot of people out, which is that rushing a divorce is rarely wise. The time the process builds in is time you will usually want to use, because finalising the divorce before the finances are settled can create real problems, as explained below.

What Makes A Divorce Take Longer?

The divorce itself runs to a fairly predictable timetable, so when a divorce drags on, the finances are almost always the reason. Reaching a financial settlement can be quick where both parties are reasonable and the assets are simple, but it takes longer where there is disagreement, or where the situation is complex.

Several things tend to extend matters. A dispute over how assets should be divided adds time, as does any delay in providing full financial disclosure, since nothing can be resolved until both sides have laid out their position. Complexity adds time too, whether from pensions, a business, property owned before the marriage, or assets held abroad. Where a financial matter cannot be agreed and has to be decided by a court, the timescale extends considerably, because contested proceedings take many months to complete.

Does The Final Order Have To Wait?

In most cases it is sensible to hold back the final order until the finances are settled, which means the overall timescale is often governed by how long the financial side takes rather than by the divorce timetable itself. This is because ending the marriage can affect certain rights, particularly around pensions and what happens if one party dies.

For that reason, the sensible sequence in most divorces is to resolve the finances first, record the agreement in a financial order, and only then apply for the final order. A couple who settle their finances promptly can often finalise everything soon after the minimum period has passed, while those whose finances take longer will find the divorce takes correspondingly more time to complete.

How Can You Keep Things Moving?

While you cannot shorten the compulsory waiting periods, you have a good deal of influence over everything else. The single most effective thing you can do is to deal with the finances in parallel with the divorce rather than waiting until the marriage is nearly ended to begin, so that the two run alongside one another.

Gathering your financial documents early helps, because obtaining pension information in particular can be slow. Approaching the negotiation constructively helps more than anything, since disputes are what add months to the process. Responding promptly to correspondence and to requests for information keeps matters from stalling, and where direct discussion is difficult, mediation can often reach agreement more quickly than a drawn-out exchange of letters.

How Birch & Co Keeps Your Divorce On Track

Part of our job is to prevent the avoidable delays that leave a divorce dragging on longer than it should. We keep the application and the timetable under control, deal with the other side promptly, and press on with the financial side so that it is ready when the time comes rather than holding everything up at the end.

With extensive experience of these matters, we can give you a realistic idea at the outset of how long your particular divorce is likely to take, and we keep you informed as it progresses, so that you are never left wondering why things have gone quiet.

Speak To Birch & Co

If you want a realistic sense of how long your divorce will take and how to avoid it dragging on, our family law team can talk it through with you.