How long does a divorce take?
A no fault Divorce allows for someone to make a sole application, which is then served on your former partner, or a joint application which a couple submits together.
An application for a no fault Divorce can be made online. All that is required are the names and addresses of both parties and the original or a certified copy of the marriage certificate.
If a sole application is made, the Court will send a copy of the Divorce Application (previously known as the Divorce Petition) to the other spouse. They are then required to confirm receipt of the Application and send an Acknowledgement of Service Form back to the Court within 14 days. The timescales relating to the no fault Divorce process are relatively straightforward. It is estimated that no fault Divorce takes a minimum of 26 weeks.
There are now two separate waiting periods. There is a 20 week waiting period for the Conditional Order to be issued (this was formerly known as the Decree Nisi), and a further 6 week waiting period for the Final Order (this was formerly known as the Decree Absolute).
The time it takes to finalise the Divorce will also depend on other factors, including the division of finances.
A no fault Divorce cannot be contested, except in limited circumstances where the Court feels empowered to investigate further, this might include where a Court does not have jurisdiction to deal with the Divorce, or the marriage is not valid.
We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.
Emma Bilsborrow, Legal Executive, Partner