No fault divorce became law in England & Wales in April 2022 and replaced the old system. The process and timing changed. This blog post is an overview of the stages and timing of the divorce. This is the divorce only. It is recommended that you also read my blog on DIY divorce here as whilst this process will leave you divorced, it will not by itself resolve the finances between you or protect you against future financial claims.
Step 1: If you are absolutely certain that the marriage has irretrievably broken down, either you or your spouse can start the divorce, or you can do so jointly (again, see the DIY divorce blog here where there is a link to the gov.uk site to start this). This is called the divorce application. Once it is submitted, court staff will check everything is there, and if all is well, it will be formally issued and given a case number. This can take anything from a few days to a few weeks, but in my experience is usually a week or two, though this can change at busy times or holiday periods.
Step 2: If you applied solely, the other party will need to acknowledge receipt of the divorce and confirm they are not defending it. If you applied jointly, you both need to acknowledge receipt.
AFTER THE APPLICATION IS FORMALLY ISSUED, THERE IS A 20 WEEK PERIOD BEFORE YOU CAN APPLY FOR THE CONDITIONAL ORDER. This 20 weeks is a period of reflection, and also the time can be usefully used to try and come to a financial settlement. It is important to note that you must have a conditional order in your matter BEFORE you can ask the court to make an order by consent. You can still, once the divorce has started, ask the court to help you with finances, but even the court cannot make a final financial order until the conditional order has been made. It is therefore really important to understand this, or it can mean you reach an agreement but have no way of asking the court to approve it for several months.
Step 3: After the 20 weeks has passed, you can apply for the conditional order. The court should send an automatic email to remind you. This used to be called a decree nisi. This is the first time a Judge looks at your case, and they decide whether you are entitled to a divorce. Assuming it is approved, a date will be fixed at least 14 clear days ahead for the conditional order to be pronounced. It can take anything from a few days to a few weeks for a Judge to consider the case, and the date fixed for the pronouncement will be at least 14 days ahead, often longer.
AS ABOVE, ONCE THE CONDITIONAL ORDER IS PRONOUNCED, YOU OR YOUR LAWYER CAN SUBMIT A DRAFT FINANCIAL CONSENT ORDER FOR CONSIDERATION BY A JUDGE. Taking into account all of the above, you are likely looking at a minimum of six months to get to the conditional order pronouncement from starting the application, often longer.
Step 4: Apply for the final order of divorce. This used to be called the decree absolute. This final order dissolves your marriage. You can make the application six weeks and a day after the conditional order pronouncement, and the court will usually remind you, BUT it is important to consider the timing of this. You will usually be advised not to make this application for final dissolution until after finances are resolved, and if you are receiving a pension share, you should wait at least 28 days after the financial order is approved.
Another option is that I can deal with the divorce itself for you. If you have any questions, please do contact me here.