How long does a divorce take?

The duration of divorce proceedings in the United Kingdom has evolved over time, particularly with the introduction of new legislation. As of April 2022, the process typically takes around seven to nine months due to a mandatory 20-week period. This 20-week period starts from the point at which the court processes the divorce application, after which the Conditional Order can be applied for, which is a crucial step in the divorce process. This is a change from the previous timeline of approximately four to six months.

However, complexities in dealing with financial issues which arise as a result of divorce, can affect the timeline, potentially extending the process of divorce. In addition to progressing the divorce itself, it is of paramount importance that spouses deal with the financial matters which arise as a result of divorce.

Married couples who are divorcing can make financial claims against each other, including for property, pensions, income and capital. Couples should therefore seek independent legal advice regarding their options on how to deal with their assets and debts on divorce, to settle these financial claims, and where appropriate, prevent the other from then being able to make further financial claims in the future. Financial matters can be resolved, and agreements can be made legally binding, without the parties ever needing to step foot inside a court room.

There are various ways to resolve financial matters between divorcing couples, including through mediation. Mediation is a process whereby an impartial mediator arranges for a couple to provide each other with evidence of their respective financial positions and assists them in discussions regarding how assets and debts should be divided to achieve a settlement. Mediation is considered one of the most amicable and cost-effective ways of agreeing on financial issues as a result of divorce. Other ways of resolving disputes include negotiations directly between spouses, or through solicitors, arbitration (where spouses essentially employ a private judge (known as an arbitrator) to decide their case for them), or court proceedings (where a family judge ultimately decides the outcome of the case).

A family court is only able to make a financial settlement legally binding, after the Conditional Order in the divorce proceedings.

The following diagram illustrates how divorce proceedings and the resolution of financial matters (which are essentially a separate set of court proceedings) can run concurrently with each other. This diagram is a guide, and independent legal advice should be sought in addition to this, to ensure that it is tailored to each individual’s specific circumstances.

If you have any questions or would like any further advice about divorce and your legal position when going through this process, please contact Molly Barker, or another member of the Birketts’ Family Team.