Understandably one of the most frequently asked questions by divorce clients is “how long will my divorce take?“. Following a separation you want to be able to move on with your life and a divorce will be a significant step towards doing so. However, the timescale is not always as straightforward as you might think.
Normally, you will be advised that an uncontested divorce can take around 6 months. This is possible but below we will look at four factors which commonly add time on to a divorce and which you should be prepared for.
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Will my spouse be co-operative?
You will know the answer to this better than us! Some spouses can be extremely difficult and unhelpful in the divorce process for a number of reasons, whether it be the terms on which you parted ways or that they are suspicious of the legal process, but either way it can cause delays.
In other cases, spouses can be co-operative but this entirely depends on the individual circumstances.
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What if my spouse does not consent to the divorce?
Depending on the fact relied upon to prove that your marriage has irretrievably broken down (the ground required for a divorce), you may need your spouse’s consent to progress the divorce. Once your divorce is issued, your spouse will then need to return a form called an ‘Acknowledgement of Service’. They could simply not return it, or they could defend the divorce. Firstly, you should discuss with your solicitor the most appropriate fact to rely upon in your individual circumstances and then you will need to discuss the consequences if your spouse does happen to defend the divorce.
If your spouse does not return the form, you will need to look at the other options for getting your spouse served with the divorce papers. Once service has taken place or is deemed to have taken place by the Court, you will be able to proceed to applying for the next stage of your divorce: the Decree Nisi.
6 weeks and 1 day after the date of your Decree Nisi, you can apply for the final divorce, the decree absolute, however, you are strongly advised to seek advice in respect of your matrimonial finances before doing so as a decree absolute may affect your entitlement to certain assets.
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How long will the Court take to get back to us?
Divorce is primarily a paperwork process, so this is where you should try to be patient with your solicitor as Court processing times are often something which cannot be controlled. The Court usually takes a few weeks to process documents and to respond, so whenever documents are being sent to the Court by your solicitor, do remember this so that you are not disappointed if there are no updates.
In most cases, it does not mean that your divorce is not progressing, it just means that it is taking some time for the Court to work through the cases they are dealing with. Of course, unreasonable delays should not be happening and your divorce should be progressed as much as it possibly can be.
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Financial matters
Finally, if there are outstanding financial matters between you and your spouse. You are strongly advised to obtain some legal advice on what your options are. If you do wish to conclude financial matters, this will inevitably add time onto the timescale of your divorce, particularly if you need to issue Court proceedings. Whether or not you do need to will depend on a few things, such as whether your spouse is co-operative, whether you can negotiate an agreement or whether it is proportionate to issue proceedings; it is worth remembering that a settlement can be reached without having to issue Court proceedings.
Again, you should seek legal advice on your specific circumstances.
Is there such a thing as a ‘quickie’ divorce?
In reality, there is no such thing. Your divorce will take months, and the question of how many will depend on the factors mentioned above. Although your divorce may not turn out to be as quick as you thought, it is worth remembering that by working with your solicitor and being patient, you will be able to get tailored advice which is most appropriate in your circumstances.
Don’t underestimate the value of this, and be wary of a ‘one size fits all’ approach – this may be quicker and easier for you in the short-term but may not achieve the best result for you in the long run.
How Nelsons Can Help
If you require advice on this topic, then please contact a member of Nelsons’ Family Law team on 0800 024 1976 or via our online form.