Divorce Timescales – Four Stage Process

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Our clients often ask how long a divorce takes and how they can get a quick divorce. The time that it takes to get a divorce is dependent on many different factors, which vary from case to case.

Four stage process for divorce

Apart from dealing with any separate financial and/or children issues,  outside this process, your divorce will proceed in four specific stages. It should take about 12 to 16 weeks 6-8 months to complete the process.  This depends upon the efficiency of the court handling the case and how quickly you respond to our emails. We will draft all necessary court documents on your behalf. UPDATE January 2019: the courts are suffering from a huge backlog as well as experiencing IT problems causing huge delays to divorce timescales

Divorce Timescale stage 1:  up to 4 weeks 8 weeks

We will send the divorce petition to the court with all supporting documentation.  Along with the relevant court, the fee to start the process by recorded delivery. The court will then issue your divorce petition and will post a copy to you and a copy to your spouse along with various documents, including a form, called an Acknowledgement of Service.

Divorce Timescale stage 2:  up to 2 weeks 8 weeks

Your spouse (the Respondent) needs to complete, sign and return the Acknowledgement of Service form to the court.  This is to confirm that he/she has received the divorce petition and does not intend to defend it. If we are working with both of you, we will help with any questions they may have about this form. The court will send you a copy of this signed form. If your spouse fails to lodge an Acknowledgement we can usually arrange for the process server.  This means to serve the papers personally on him or her, on payment of an additional fee.

Divorce Timescale stage 3:  up to 6 weeks 10 weeks

Assuming the Acknowledgement of Service form has been received we will need to lodge an application for decree nisi, together with a statement in support. On approval of the paperwork, the court will fix a hearing date for declaration of the decree nisi of divorce. Neither of you will need to attend this hearing as the court will post the decree nisi of divorce to us afterwards.

Divorce Timescale Stage 4 – after 6 weeks 8-10 weeks

We can apply for the decree absolute after a minimum of six weeks and one day from the date of the decree nisi. Once the pronouncement of the decree absolute of divorce,  your marriage will be dissolved. However, we do not recommend stage 4 until any financial settlement (if appropriate) has the approval of the courts.  In short, we want to ensure that you are both protected with your financial interests before the application of the decree absolute.