How Long Does it Take To Get Divorced in The UK? – Britain Divorce Law
If you and your spouse have decided to get a divorce, then it is obvious that you want it over as fast as possible. But one of the biggest questions that come to mind is – How Long Does it Take To Get Divorced in The UK?
Most couples want to minimize the conflict and move on as fast as possible. So, it is understandable to be concerned about the divorce timeline in the UK.
How Long Does it Take To Get Divorced UK?
If there is a no-fault divorce issue, then the entire divorce proceedings can take a minimum of 26 weeks. But, the divorce timeline UK depends on several factors such as:
1. If it is a joint or sole application 2. How quickly you can come to a financial understanding and agree on details such as the house, children, and others 3. Whether the details of the divorce are voluntary or not
Understanding The Divorce Timeline in The UK:
There are multiple steps in a divorce. But knowing the time involved with each step will give both parties a clear idea of how long it takes to get divorced in the UK. Here are some common questions that will help you understand divorce how long does it take?
How Long Does a Divorce Application Take To File?
When no-fault divorce laws are in place, the first step is to make a divorce application – either by applying online or by post. Previously, the divorce laws had to file a divorce petition. A divorce application will be filed by a solicitor, who will advise the party on how to fill out the application correctly and will add the relevant paperwork.
Depending on how long it takes to arrange an appointment with a divorce lawyer, it can take anywhere from days to a month – answering part of the question – how long does it take to get divorced UK?
How Long Does it Take To Get A Divorce Application Response?
If the divorce application is made by one applicant, then the other spouse will be asked to confirm the receipt of the application. This is done by filing and sending the ‘acknowledgment of service’. This must be filled out within 14 days of receiving the application.
Under the no-fault divorce law rules, respondents cannot contest or refuse the divorce application acknowledgment.
Previously, if the responding spouse decided to oppose the divorce, then both spouses need to attend a court hearing for the judge to decide if the divorce will be granted or not. This has a significant impact on how long it takes to get divorced UK waiting for a court date.
How Long Does The Conditional Order Take?
Once a divorce application is issued, the applicant or applicant must wait for 20 weeks before they can get the Conditional Order issued. The Conditional Order, or Decree Nisi, is a legal document that confirms no issue with why the couple should not be allowed to get divorced.
These 20 weeks are considered a ‘cooling-off period’. This is the time the court provides applicants to reconcile their divorce. This is necessary when thinking of the question – how long does it take to get divorced UK?
Divorce Timeline UK – Time To Get a Final Order?
Once the Conditional Order is issued, applicants can apply for the Final Order. Final Orders or Decree Absolutes is a legal confirmation that the divorce has been finalized.
Applicants can apply for a Final Order after a minimum of 6 weeks once the Conditional Order is issued – making the divorce timeline UK a little longer.
How Long Does it Take To Get Divorced UK?
Keeping the divorce timeline in the UK in mind, the timeframe in a no-fault divorce takes a minimum of 26 weeks to complete (20 weeks for the Conditional Order and 6 weeks for Final Order).
But, this does not give you a finality in ‘how long does it take to get divorced UK’. Even the most straightforward divorces will have complications, and various sections affect the timeline. These can include reaching a final financial settlement, or the children’s staying arrangement. This means that a no-fault divorce may take longer than 26 weeks.
How Long Does it Take To Get Divorced UK When Making a Divorce Settlement?
The process of getting a divorce settlement agreement which includes separating finances and what will happen to the children – is separate from the legal process of ending the marriage. If both spouses agree to all the details, then it can take a couple of weeks.
But, in case these cannot be agreed upon, then it will require a judge to decide the case. Depending on the court hearing dates and whether the spouses agree to the judicial decisions – it can take months or even years.
If you are looking for a speedy divorce, then you need to make sure that both parties voluntarily agree to the divorce settlement.
How To Use Non-Confrontational Dispute Resolution To Get a Dpeedier Divorce?
A divorce agreement can speed up if both parties agree on the details of the divorce rather than waiting for a judge to finalize it. This is speedier because there is no waiting required for a court date and can easily work out the settlement arrangements.
When reaching an agreement voluntarily, you can apply for the Consent Order. This makes it legally binding. But, this means that the resolution will be faster while reassuring both parties that they cannot change their minds later or dishonor the agreement. This can answer the question – how long does it take to get divorced UK faster?
There are two sections of using non-confrontational divorce – Mediation Law and Collaborative Law.
What is Mediation Law?
Considered to be one of the easiest and most cost-effective methods for divorce timelines UK, it is one of the most popular options for couples looking to get a divorce.
In this case, both spouses meet a trained mediator who guides them through the issue, such as deciding the finances and arrangements for the children.
The mediator will encourage both parties to find a solution that works for everyone. They can also help move the discussion forward and defuse any points of conflict.
The process of Mediation is also preferred by the UK government and in most cases, couples applying for separation must consider mediation before going to the family court. You need to attend a Mediation Information and Assessment Meeting (MIAM) when the process and options are explained so that you can decide if the mediation is right or wrong.
If you do want a judge to decide your case, then you will need to sign a form showing that you attended the MIAM before going to a judge. But there are some exceptions to this rule, if the divorce is due to domestic abuse or if a spouse lives abroad.
What is Collaborative Law?
Collaborative law is mediation’s alternative option. It is the best approach if there are any complications where the process involves both parties receiving legal support in the negotiation stage. This means that Collaborative law is more expensive, and may take longer. Especially when thinking about how long does it take to get divorced in the UK? It is still less expensive than going to court.
Collaborative laws involve both spouses negotiating the details of their divorce. Throughout the meetings, all four proceedings will discuss the details of the case and will find solutions. Other people such as tax advisors and accountants will be consulted during the process as experts.
Talk To Divorce Solicitors
If you are planning to make your divorce as quick as possible, and want to know how long it takes to get divorced UK – then you need to talk to a divorce solicitor.
A divorce solicitor will help you make the right choices and deal with any unexpected issues. They can also help you in mediation and find the right experts as specialists for support.
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