If you are thinking about divorce, the first question is usually the same: how long will it take? Since the no-fault divorce reforms of April 2022, the answer in England and Wales is more predictable than ever, because the law now sets minimum waiting periods that apply to everyone.
The short answer
Most divorces take seven to eight months from application to final order. That is the legal minimum plus a few weeks of court processing. Sorting out your finances can run alongside, and often takes about the same time.
The four stages
- The application. One of you (a sole application) or both of you together (a joint application) apply online, stating that the marriage has broken down irretrievably. You need your original marriage certificate, or a certified translation if you married abroad. The court fee is currently £612.
- Acknowledgement. If you apply alone, your spouse has 14 days to acknowledge the application. Since 2022 they can no longer defend the divorce simply because they disagree with it.
- The conditional order. After a compulsory 20-week reflection period, you can apply for the conditional order. It confirms that the court sees no reason why you cannot divorce.
- The final order. At least six weeks and one day after the conditional order, you can apply for the final order, which legally ends the marriage.
Why waiting for the final order is often wise
The final order ends your marriage, but it does not end financial claims between you. We usually advise waiting until a financial consent order has been approved before applying for the final order. Otherwise you could lose rights, for example to a share of your spouse's pension if they died before the finances were settled.
What can slow things down
- A spouse who does not respond, which means arranging formal service of the papers.
- A marriage certificate in a foreign language that needs a certified translation.
- Disputes about money or children, which run separately from the divorce itself.
Married in France?
If you married in France, or one of you lives there, check where to divorce before either of you applies. The English and French courts can reach very different financial outcomes, and the first to be seized can matter. Our French-speaking solicitors can explain both systems.
Next steps
Our Divorce Essentials package covers the whole process for a fixed fee of £780, VAT included. If you are not sure where to begin, book a free 20-minute call: we will tell you how long your divorce is likely to take, and what it will cost.