One of the first questions people ask when a marriage has ended is: how long does a divorce take? In England and Wales, the legal process now has a built-in minimum timetable, so even a straightforward divorce cannot normally be completed immediately.
For many couples, the divorce itself is only one part of the wider picture. Arrangements involving money, property, pensions and children can continue alongside the divorce and may take longer to resolve. Understanding the stages can help you plan ahead and avoid unnecessary delay.
What is the minimum time for a divorce?
Under the current divorce process in England and Wales, there is a minimum waiting period of 20 weeks from the date the court issues the divorce application before an applicant can apply for a conditional order.
After the conditional order has been made, there is then a further minimum wait of six weeks and one day before an application can usually be made for the final order. The final order legally ends the marriage.
Those statutory waiting periods mean a divorce will generally take at least around six to seven months from issue to final order, even where both parties cooperate and there are no administrative delays. In practice, some cases take longer.
What are the main stages of a divorce?
1. Preparing and submitting the divorce application
A divorce can be started by one spouse as a sole applicant or by both spouses jointly. The application contains information about the marriage and asks the court to begin the divorce process.
Since the introduction of no-fault divorce, it is no longer necessary to prove adultery, unreasonable behaviour or a period of separation in order to obtain a divorce. The application is based on a statement that the marriage has broken down irretrievably.
2. The court issues the application
Once the court accepts and issues the application, the formal timetable starts. In a sole application, the other spouse will normally be sent the documents and asked to acknowledge that they have received them.
If there are difficulties serving the papers, the case can take longer. For example, extra steps may be needed if the other party has moved, does not respond or their current address is unknown.
3. The 20-week waiting period
The applicant must wait 20 weeks from the date the application was issued before applying for the conditional order. This period is built into the legislation and cannot simply be skipped because both spouses agree that the marriage should end.
The waiting period can be useful for dealing with practical issues such as housing, finances, pensions and arrangements for children.
4. Applying for the conditional order
The conditional order is the stage at which the court confirms that there is no legal reason preventing the divorce from proceeding. It does not end the marriage.
The court still needs to process the application, so the conditional order will not necessarily be granted on the exact day the 20-week period expires.
5. Waiting six weeks and one day
Once the conditional order has been made, the applicant normally needs to wait at least six weeks and one day before applying for the final order.
6. Applying for the final order
The final order is the document that legally ends the marriage. Once it has been made, the parties are divorced and are free to remarry if they wish.
What can make a divorce take longer?
The minimum timetable assumes that the case progresses without significant problems. Common reasons for delay can include:
- difficulties locating or serving the other spouse;
- one party failing to respond to documents;
- incorrect or incomplete information in the application;
- court processing times;
- waiting for financial matters to be resolved before applying for the final order;
- international elements, such as one spouse living overseas.
A solicitor can help identify potential problems early and make sure the application is progressed correctly.
Does the divorce also deal with finances?
No. The divorce ends the marriage, but it does not automatically resolve financial claims between spouses.
Property, savings, pensions, investments, debts and income may all need to be considered separately. Even where a couple has reached an agreement themselves, it may be sensible to ask the court to approve a financial order so the agreement has legal effect.
In some cases, there are good reasons not to apply for the final order until financial matters have been considered. This can be particularly important where pensions, property ownership or benefits arising on death are involved.
You can read more about our divorce and separation advice and financial settlement services.
What about arrangements for children?
The divorce process does not automatically determine where children will live or how much time they will spend with each parent.
Many parents are able to agree arrangements themselves. Where agreement is not possible, mediation or legal advice may help. In some cases, an application for a child arrangements order may be necessary.
Our child arrangements solicitors can explain the options where parents are having difficulty reaching agreement.
Can you speed up a divorce?
The statutory waiting periods cannot normally be avoided. What you can do is reduce preventable delays by making sure the application is accurate, responding promptly to court correspondence and dealing with service issues as soon as they arise.
It is also useful to start discussing financial arrangements early rather than waiting until the divorce is almost complete.
How long does a divorce take if both people agree?
Agreement can make the process smoother, but it does not remove the minimum waiting periods. Even a fully cooperative divorce will normally still take several months.
How long does a divorce take if one person does not cooperate?
A spouse cannot generally stop a divorce simply because they do not want it. However, non-cooperation can create practical delays, particularly around service of documents and responses to the court.
Do I need a solicitor to get divorced?
It is possible to make a divorce application without a solicitor. Legal advice can still be valuable where there are financial issues, children, business assets, pensions, property, overseas assets or concerns about how the process should be handled.
Divorce solicitors in Cheltenham and Gloucestershire
Pembridge Solicitors advises clients in Cheltenham, Gloucester, Tewkesbury, Stroud and elsewhere across England and Wales. We can assist with the divorce application itself as well as related financial and child arrangement issues.
If you are considering divorce and want to understand the likely timetable and your next steps, contact our team to arrange an initial conversation.
This article provides general information only and is not a substitute for legal advice on your individual circumstances. Divorce law and court procedure can change.
