In England & Wales, the divorce process takes a minimum of 26 weeks after an application for divorce is filed and responded to, but it could take longer to resolve the financial aspects.
The divorce process
The divorce process is commenced when an application for divorce is made online. It can be made by either spouse, or by both spouses jointly. The application has to confirm that the marriage has broken down irretrievably, but no reason for this needs to be given following the introduction of no-fault divorce in April 2022. This also means that there is no basis to contest a divorce, except in narrowly defined circumstances (for example, if England & Wales is not the appropriate jurisdiction for the proceedings).
Once the application has been processed by the court, it will be sent to the other spouse to review and acknowledge receipt of (they will be required to complete an “acknowledgment of service” form). Once that has happened, the 20-week reflection period begins, which must expire before the “conditional order” can be applied for, which is what gives the court the power to approve a financial settlement.
The divorce can then be made final once six weeks and one day have passed from the date of the conditional order, although in most cases should not be applied for until financial matters are resolved. The final order is what dissolves the marriages, leaving both parties free to re-marry should they wish.
Resolving financial matters
The divorce process is separate to the process of resolving the finances, although ideally the two processes will run alongside each other. If an application for divorce has been made, it is a good idea to start negotiating in relation to the finances swiftly, with a view to reaching an agreement as to how the finances should be divided by the time that the conditional order is granted (although that will not always be possible if the financial issues are complex).
The ultimate aim of the process is to resolve the financial claims that arise as a result of the marriage, which will remain open unless and until a court order is made which dismisses those financial claims (which is separate to the final divorce order). There is no other way to achieve that, so an informal agreement between spouses as to how their finances should be divided will not suffice.
Whilst a court order is required, that doesn’t mean that it is necessary to go to court. In the vast majority of cases, an agreement is reached outside of court and the terms are then formalised within a consent order and sent to the court for approval (a paper-based exercise). However, if that is not possible, a court process can be started (known as financial remedy proceedings) and a Judge will be able to impose an outcome at the end of that process.
Whatever approach is taken, it is important to remember the importance of obtaining a financial order.