Divorce, Separation & Dissolution of Civil Partnerships

On average a divorce can typically take six months from the date of issue to conclusion if the divorce is straightforward and there are no complications or jurisdictional issues to consider. However, where there are other issues to resolve such as the appropriate division of the finances then a divorce will often take longer.

From 6 April 2022, the law changed to introduce “No Fault Divorce”. There is a minimum timeframe of 20 weeks before the application can be made for a Conditional Order (first of the two orders, which use to be called Decree Nisi).  This enables divorcing couples   to reflect on their decision to divorce, and to consider whether a reconciliation is possible. Importantly this also allows opportunity for the resolution of financial issues before the divorce is concluded.

There is a minimum wait of six weeks and one day from the date the Conditional Order has been made to when the application for the final order (Decree Absolute) can be submitted. It is standard practise not to finalise the divorce until there is a financial settlement which has been approved by the Court as to do otherwise can have financial disadvantages which mainly relate to the loss of pension and inheritance rights.

All that is needed is to prove that a marriage has broken down irretrievably by a statement to that effect, which can be provided by either or both parties. There is no longer a need to apportion blame or to wait for a period of separation to elapse before commencing divorce proceedings.

There is a court fee of £593 currently payable to commence a divorce. There will also be solicitors fees which can be discussed with your solicitor at your first meeting.

We find that on average a dissolution can typically take six months from the date of issue to conclusion if the dissolution is straightforward and there are no complications or jurisdictional issues to consider. However, where there are other issues to resolve such as the appropriate division of the finances then a dissolution will often take longer.