There is a pervading myth of the ‘quickie divorce’, sustained by the popular press and gossip columnists suggesting that it is possible to divorce in just a few weeks, if not days.
The divorce process takes at least six months and in reality longer, due to time waiting for the court to process each step. This timeline is intended to provide an indication of the shortest possible time to divorce. It will of course change and lengthen depending on the circumstances of each case.
Step one – applying for a divorce
- Applications are made online and there is a court fee of £593 payable.
- The original marriage certificate or an official certified copy is needed is needed. If you married overseas and your marriage certificate is not in English, you will also need a certified translation.
- Following the introduction of ‘no fault’ divorce in 2022, it is no longer necessary to give a reason for the divorce, it is only necessary to confirm that the marriage has irretrievably broken down.
- Applications can be made solely or jointly.
Step two – serve notice of proceedings
- The court usually issues the divorce application within 2 weeks of the application being made.
- Within 28 days of the application being issued, a copy of the application needs to be served on the respondent.
- The default is that the court will serve the divorce application, but it is possible to ask your solicitor to serve the respondent. If you think that the respondent may not acknowledge the application, personal service should be arranged.
Step three – acknowledgement of service
- The respondent should acknowledge service of the divorce application within 14 days.
- It is not possible to ‘defend’ a divorce, but it may be possible to contest the jurisdiction of a divorce where there are strong connections to another country.
Step four – applying for a conditional order
- Once the divorce application has been issued, there is a statutory 20 week ‘cooling off’ period. This period is designed to give parties time to try to agree their financial claims surrounding the divorce.
- Once the 20 week period has expired, the applicant can apply for the conditional order. This is the first of two orders made in the divorce.
- It will typically take around 1-2 months for a conditional order application to be made.
- Individuals are still married after the conditional order is made.
Step five – applying for a final order
- Six weeks and one day after the conditional order is made, the applicant can apply for a final order.
- Once the application is made, the final order is usually made within 24-48 hours.
- Once the final order is made, the parties are divorced.
Once you are divorced, your existing Will remains valid, but any gift left to your ex-spouse and/or the appointment of your ex-spouse as an executor is no longer valid.
It is important to note that divorce proceedings are separate to financial remedy proceedings. It is possible to be divorced before reaching an agreement on the division of the family finances, although this is not necessarily recommended, especially if you are the financially weaker party.
The reality is that from filing your divorce application to the making of the final order will take around 8 months at least.
Contact our Family Team
The Family team at Bishop & Sewell have a wealth of experience in dealing with family law, finances on divorce, and pre and post-nuptial agreements. Please email family@bishopandsewell.co.uk or contact 020 7631 4141 and ask to speak to our Family Law team.
The above is accurate as at 17 February 2025. The information above may be subject to change.
The content of this note should not be considered legal advice. Each matter should be considered on a case-by-case basis.
