How long does a divorce take?

How long does a divorce take?

The time a divorce can take has changed since the no-fault regime came in last year.  The normal timetable for a Divorce is now-

  • From the issue of a Divorce Application a minimum 20 week wait until a Conditional Order can be pronounced (previously called Decree Nisi)
  • Following the Conditional Order, a minimum 6 week wait until the Applicant(s) can apply for a Final Order (previously called Decree Absolute).

However, what is often misunderstood is that this timetable is only looking at the legal dissolution of marriage. What also needs to be resolved are the financial issues that follow the decision to divorce. Often, these issues are discussed in mediation alongside the divorce process, with the aim to have a plan drafted in a Memorandum of Understanding, that can be converted into a court order by lawyers and submitted to the court for approval after the date of the Conditional Order.  Sometimes the agreement is reached before a Conditional Order has been pronounced, which can hold up finalising the financial order as the order is not able to be considered by a judge until after that stage.   On average, a mediation process takes around 3 to 5 months. 

If financial issues are  being decided through contested court proceedings, these can go on for 12 or 18 months if no agreement is reached at early stages.  This can prolong the divorce process, as it is rarely advisable to have the final order (Decree Absolute)before a financial order has been approved.

In mediation we can help separating couples understand theserules, timetables and how they may impact the decisions they make about how toshare their assets.

If you are interested in finding out how mediation can helpyou reach an amicable agreement, reduce costs and stay out of court book a freecall on our website or call us on 0800 206 2258 or send an email to hello@familymandm.co.uk

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