If you are separating, one of the first questions you may ask is: how long does a divorce take? Since the introduction of no-fault divorce in England and Wales, the legal timetable is clearer, but the overall timescale can still depend on how quickly financial arrangements are resolved.

The minimum divorce timeline under no-fault divorce

·      After a divorce application is issued, there is a minimum 20-week waiting period before you can apply for a Conditional Order, previously called Decree Nisi. This stage means you are entitled to get divorce but are not divorced yet

·       After the Conditional Order is granted, there is a further minimum wait of 6 weeks and 1 day before the applicant, or applicants, can apply for a Final Order, previously called Decree Absolute. This is when the marriage is dissolved.

In simple terms, the legal divorce process takes at least 26 weeks from issue of the application to the final order. However, this does not mean that all aspect of the separation are complete.

Why divorce can take longer when finances are involved

The divorce timetable only deals with the legal ending of the marriage. Separating couples also need to decide how to deal with money, property, pensions, savings, debts and, where relevant, ongoing financial support.

These financial discussions often happen alongside the divorce process. In mediation, the aim is to help both people reach proposals that can be recorded in a Memorandum of Understanding. Lawyers can then use those proposals to prepare a financial consent order for the court to approve after the Conditional Order stage.

Sometimes couples reach agreement before the Conditional Order has been granted. This can be positive, but it may mean the financial order cannot be approved immediately because the court cannot usually consider it until after the Conditional Order.

How long does mediation take?

Every family is different, but a mediation process for divorce finances often takes around 3 to 5 months. The timescale depends on how quickly financial disclosure is gathered, how complex the assets are, and how many issues need to be discussed.

Mediation can help separating couples work through financial arrangements in a structured way, with the support of an independent mediator. It can also help reduce conflict, keep communication focused and avoid unnecessary court proceedings where mediation is suitable.

What if financial matters go to court?

If financial issues are dealt with through contested court proceedings, the process can take 12 to 18 months, and sometimes longer, if agreement is not reached at an early stage. This can delay the practical conclusion of the divorce because it is often sensible to wait until a financial order has been approved before applying for the Final Order.

How can mediation help?

In mediation, we can help you understand the divorce timetable, the difference between the Conditional Order and Final Order, and how financial decisions may affect when you choose to finalise the divorce.

If you would like to find out how family mediation can help you reach an amicable agreement, reduce costs and stay out of court, book a free call on our website, call 0800 206 2258 or email hello@familymandm.co.uk.

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