How quickly you can get a divorce in the UK depends on a number of factors, such as whether both parties agree to the divorce, financial matters and child arrangements. According to the UK government, the minimum time to complete a divorce in England and Wales is 6 to 7 months. This includes a 20-week mandatory waiting period (‘cooling off’ period) and an additional 6 weeks to finalise the divorce. However, in recent years, the actual time to get a divorce has often been much longer. The latest data from the Family Court Statistics1 shows that in the 3rd quarter of 2024, the average time to complete a divorce is 63 weeks (from the divorce application to the Final Order, legally ending the marriage), mainly due to the severe backlog in UK family courts.
How long does a divorce take if one party doesn’t agree?
If a spouse does not agree to the divorce, it may take additional time beyond the standard timeframe. However, it is important to understand that under the no-fault divorce law in England and Wales, one party’s disagreement does not prevent the divorce from proceeding. What typically causes delays is when the uncooperative spouse refuses to respond to the divorce papers. Any lack of response by one party may require additional steps to be followed in the divorce process. Depending on the level of contention, disagreement on divorce could potentially extend the total divorce time to more than a year
To understand how disagreement over a divorce causes delays, it is essential to first understand the divorce process. When you file for divorce, your husband or wife must respond to the acknowledgement of service notification (i.e. divorce petition) within 14 days, saying whether they agree or disagree with the divorce. If they disagree, they must provide a genuine legal reason to dispute the divorce (e.g. you are not married, it is not recognised in the UK, or it is invalid). If a valid reason is provided, the judge may request a hearing to understand the basis for disagreeing with the divorce. Depending on how busy the courts are, it may take several weeks or even months to arrange the hearing.
Alternatively, your spouse may ignore the divorce petition and fail to respond, which itself causes delays. In this scenario, you will need to demonstrate to the court that your partner has received the divorce papers to proceed with the divorce. This can be done through various methods, such as hiring a process server, applying for deemed service, or applying for dispensed service. This adds extra time to the divorce proceedings. The exact timeframe will depend on the method you choose and the specific circumstances of your case.
UK divorce timeline
The following sets out the stages and the estimated timeline for a straightforward divorce in the UK. It is important to bear in mind, however, that the actual timeline in your case will depend on your personal circumstances, whether your partner agrees, the complexity of your divorce case, and the backlog of divorce applications in the family court. To better understand your situation and the likely timescales for divorce, please contact our divorce lawyers.
Stage 1: Apply for a divorce in the UK (week 1)
The first stage of the divorce process in England and Wales is preparing and submitting a divorce application online or by post to HM Courts and Tribunals Service (HMCTS). You can choose to do this jointly with your husband or wife if you both agree to the divorce or alternatively, you can make a sole application on your behalf. You will also need to pay a divorce application fee of £593 and provide evidence, including your original marriage certificate or a certified copy and proof of your name change if it has changed since you got married.
For more information about sole application and joint application, please check our article: Joint Divorce Application Pros and Cons
Stage 2: Receive a notice of confirming your application has been issued (week 2 – 3)
HMCTS will process your divorce application and will issue the following:
- Notice that your application has been issued (sent out)
- A copy of your application stamped by HMCTS
- An ‘acknowledge receipt’, and
- Your case number
The notice confirming your divorce application will normally be sent to you within 10 – 14 days. If you make a sole application, the process will take longer because your partner must respond to an acknowledgement of service notification within 14 days, confirming whether they agree with the divorce or intend to dispute the divorce. As such, the process is faster if you make a joint application, as this removes the potential for any delay in your husband or wife’s response.
Stage 3: 20-week Cooling off period (week 4 – week 24)
The next stage is the ‘cooling-off’ period of 20 weeks. This is intended to allow divorcing couples to reflect on their decision before completing the final steps. This period is mandatory and cannot be avoided or shortened. It is also important to remember that during the cooling-off period, you are still married. However, you can use this time to try to come to an agreement on finances and children with your husband or wife.
Stage 4: Apply for a Conditional order (week 25 – week 27)
After the 20-week cooling-off period, assuming there have been no delays, you can apply for a Conditional Order. A Conditional Order is a legal document that confirms that the court can see no legal reason why you cannot divorce. Your Conditional Order application will be reviewed by the court and can take several weeks to process.
Stage 5: 6-week waiting period for Final Order (week 28 – week 33)
After you have received your Conditional Order, you must wait for a further period of at least 43 days (6 weeks and 1 day) before you can apply for a Final Order to finalise the divorce and end your marriage.
Stage 6: Apply for a consent order or a divorce financial order (timeline varies)
Before your divorce is finalised, it is important to come to an agreement on your finances, marital property, and children. If you can reach an agreement with your partner between yourselves, it is advisable to have this drawn up into a legally binding document (in the form of a consent order) so that it is enforceable in the future. Some couples who cannot agree consider mediation to try to find a resolution and then, if necessary, ask the court to reach a divorce financial order on their behalf. The amount of time that it takes to finalise your child, financial and property matter will depend on the complexity of your case (e.g. if you need a hearing, etc.) and whether the court has a backlog.
Check out our pages on financial matters in divorce:
Divorce Settlement: Splitting Assets in a Financial Settlement
Fair Divorce Settlement Examples in the UK
Should You Divorce Without a Financial Settlement?
Stage 7: Apply for a final order to end your marriage (timeline varies)
Once you have finalised your divorce arrangements and waited 43 days from the receipt of your Conditional Order, you can apply for a Final Order. A Final Order is a legal document confirming that your marriage has now come to an end.
References:
1 GOV.UK: Family Court Statistics Quarterly; July to September 2024
