How quickly can I get divorced?

As practitioners, this is a question we are regularly asked during initial appointments with clients.

What are the timescales?

Following the implementation of The Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, a divorce now takes a minimum of 26 weeks from start to finish. However, this timescale is often unrealistic when you factor in the need to resolve financial matters arising from the marriage.

In exceptional circumstances, the court can exercise its discretion to shorten the 20-week waiting period to allow a divorce to be finalised sooner. This can include where one party has a terminal illness or there has been a long period of separation and agreement on finances.

The process

Divorcing couples can apply for a divorce in one of two ways. One party can apply for a divorce by way of a sole application, or a joint application can be made by both parties. Sole applications have proved more popular since the implementation of no-fault divorce.

Once a divorce application is live, 20 weeks after the application has been issued by the court, the conditional order can be applied for (previously known as Decree Nisi). This is often described as the mid-point within the divorce.

Once the conditional order is granted, 6 weeks and a day after this, the final order in the divorce can be applied for which, once granted, will formally bring the marriage to an end.

Is that it?

No.

Many divorcing spouses wrongly assume that once they receive the final order in divorce, there is nothing else to do. Individuals are often unaware that all financial rights arising by virtue of a marriage remain live until a financial remedy order is agreed, submitted and approved by the court.

Agreeing on how assets are to be divided upon divorce can often be a sticking point that can significantly slow down the divorce process. It is usually advised for parties to reach a financial settlement before applying for the final order in divorce.

Obtaining a financial order, ratified by the court, is essential to protect your financial position moving forward to ensure your ex-spouse has no future financial claims against your income or assets.

Although relations with you and your ex-spouse may begin amicably, life is unpredictable and if the situation changes and you have not obtained a sealed financial remedy order, you could find yourself in difficulty in the future if your ex-spouse sought to assert a claim over your assets that have accrued post-divorce.

Even if there are little or no financial assets within the marriage, it is still advisable to obtain a financial remedy order.

A ‘clean-break’ order, which is advisable wherever possible, provides peace of mind knowing your ex-spouse has no future financial claims against you.

It is important to note that a financial consent order is not legally binding until the final order within your divorce is obtained; another reason why it is often advised to formalise financial matters before finalising your divorce.

Implications of a final order

A final order legally brings your marriage to an end. Certain spousal rights also end.

Whilst married, spouses have an automatic right to inherit from each other if one spouse dies without a will; this is lost when a final order is granted. Similarly, pension entitlements that would pass to a surviving spouse may no longer be available following a final order. We advise clients to consider updating their will to reflect their intentions.

This is why we advise dealing with divorce and financial matters at the same time to ensure that you are fully protected.