The divorce statistics: how long does it take?

What were the key changes in divorce legislation that took effect in 2022, and how have these changes impacted the duration of the divorce process?

On 6 April 2022, new divorce legislation took effect, which meant that couples seeking divorce were no longer required to place blame for the relationship breakdown or wait for a period of separation in order to be divorced. Instead, an application could be made either solely by one of the couple or by them both jointly on the basis that the marriage had irretrievably broken down.

The new rules also introduced new terminology:

Petition is now called Applicant.

Divorce Petition is now the Divorce Application.

Decree Nisi is now the Conditional Order.

Decree Absolute is now the Final Divorce Order.

Also, mandatory waiting periods of 20 weeks from the date of issue of the application before an application could be made for the conditional order, and 6 weeks from the date of the conditional order until the earliest point an application could be made for the final divorce order. It is also really important to keep in mind when considering the timescales for divorce that it is very normal and often important to hold off making the application for the final divorce order until the financial matters have been resolved, and that this also impacts the overall timescale for a divorce.

So how long does divorce currently take?

The most recent statistics produced by the government state that the average time for divorce and annulment cases to reach a conditional order in October 2022 to December 2022 was 38 weeks, an increase of 13 weeks from 2021. The average time from the date of the divorce application to the final divorce order was 67 weeks, representing an increase of 14 weeks over the same period in 2021.

However, these averages are significantly reduced when focusing on those divorces that have been dealt with digitally rather than on paper. For these cases, the average time between the divorce application and the conditional order was 29 weeks (an increase of 4 weeks on 2021) and 43 weeks (a reduction of 10 weeks on 2021) from divorce application to final divorce order.

Part of the reason for the increase in the amount of time it is taking to get to the conditional order stage is undoubtedly the requirement that applicants must wait 20 weeks from the date the application was issued before they can apply for the conditional order. Under the old rules, an application could be made for a conditional order as soon as you were able to satisfy the court that the divorce petition had been served and the time had passed for a defence to be filed if the divorce was contested.

Although couples benefit from the reduction in conflict, the need to wait 20 weeks before an application can be made for a conditional order is not without its problems. The conditional order represents the earliest point at which the court is able to approve a financial consent order. Whilst the waiting period allows for some time for these things to be negotiated, in the event that an agreement is reached, it still may be necessary to wait before this can be approved, with risks to both parties if it is implemented before being approved and has to be managed carefully.

The reduction in time scales that can be seen where the divorce is undertaken digitally is surely a testament to the streamlining that has happened as a result of the digitalisation and simplification of the application process. The court is able to delegate the work across the country, making the best use of its resources and avoiding the problems that have been experienced at regional divorce centres. This has meant that it is quite common for a couple based in Essex to have their divorce pronounced at a court in Birmingham or Liverpool. At Birkett Long LLP, we always submit our divorce applications using the court portal whenever possible, and I would consider that these statistics largely reflect my own experience with divorce timescales.

For more information about how we can help, our family solicitors all offer a free initial 15 minute telephone appointment to discuss your needs. I can be contacted on 01206 217305 or via email at karen.johnson@birkettlong.co.uk