How long does it take to get a no-fault divorce?

On 6 April 2022 divorce law changed in England and Wales, making it possible for married couples to obtain a divorce without the need to apportion blame based on adultery or unreasonable behaviour, or to rely on a period of separation or desertion.

This marked one of the most significant changes in divorce law this country has seen in the last 50 years. Now, the no-fault divorce law allows an application to be made for a divorce with a simple statement that the marriage has broken down irretrievably. It is no longer necessary to set out evidence of that breakdown and the court will not enquire about whether the statement of irretrievable breakdown is correct.

Under the new law couples are allowed, for the first time, to apply jointly for divorce or they can apply in one of their sole names, and it is no longer possible to defend the decision to divorce. 

Does this mean a no-fault divorce can be obtained quickly?

One of the most common questions clients ask when I talk to them for the first time about applying for a divorce is, “how long will it take?” and the answer to that question is often, “well…it depends on a number of things”.

In the simplest of terms, a no-fault divorce will take a minimum of 6 months (26 weeks) overall. There is a minimum 20-week period from the date the divorce application is issued before the conditional order application can be submitted, plus a 43-day period (6 weeks plus 1 day) between the date of the conditional order and the application for the final order.

But in reality, this timeframe is increased by court delay and the time it takes the court to process the various applications that are necessary throughout the no-fault divorce process. The time frame is also affected by how long it takes the parties (and their legal representatives if applicable) to deal with the divorce matters, as well as the time it takes the couple to resolve their finances.

At the moment it is taking about 6 months from the date the divorce application is issued to the date set for pronouncement of the conditional order. Remember, that it will be at least another 43 days before the final order is made.

During that time it is important for couples to try to resolve practical aspects for the future, including arrangements for children and financial issues.
If a financial agreement is reached it is also important to have it legally recorded via a Financial Consent Order, which can, amongst other things, provide a clean break and a dismissal of any future financial claims the couple may have against one another arising from their marriage. 

Even in straightforward cases where parties can agree on all the financial issues at the same time as the divorce, it is likely to take at least 8 months, based on current timescales, to obtain a no-fault divorce. For those couples who cannot agree on financial matters swiftly, the overall time scale will increase as it is usually recommended that they don’t apply for the final divorce order until all the financial issues have been resolved.

If you are contemplating or involved in a divorce or need help sorting out the related issues, be they financial or children based, please get in touch. I offer a free 15-minute phone call to discuss these types of issues and to explain how we can help.
 
Shelley Cumbers
Solicitor
01206 217378
shelley.cumbers@birkettlong.co.uk