A divorce in England and Wales takes at least six months. This is because there are two key waiting periods until a divorce can be finalised.
- There is a 20-week ‘’cooling off’’ period from the date the divorce petition is applied for. Only when that 20-week period has elapsed can a spouse confirm to the court that you they wish to proceed with the divorce and request that the Conditional Order is granted. The reason for this is to give the married couple plenty of time to reflect and decide whether they want to proceed with the divorce.
- Once the Conditional Order has been granted there is a six-week and one-day waiting period until a spouse can apply to the court for the Final Divorce Order.
With these waiting periods, the process takes a minimum of 26 weeks. However, there a number of common issues that can delay the divorce process, including: –
- If there is delay in the completely the court courts or you are having difficulties with serving the other spouse with the divorce application
- It is dependent on how quickly you are able to reach a financial agreement within your divorce. Negotiating a financial agreement can take between 6-12 months.
- Most couples will be advised not to make the application for the Final Order until a Financial Order is in place as it would bring to an end to inheritance rights which could be problematic if either spouse were to pass away before a financial agreement is reached. Divorce can also affect pension right.
