How long does divorce take?

The minimum timeline

The law sets out mandatory waiting periods that apply to everyone divorcing in England and Wales. These cannot be shortened, regardless of how amicable your situation is.

These waiting periods exist to give couples time to reflect on their decision and make practical arrangements for finances and children. They were introduced with the no-fault divorce system in April 2022.

What actually happens during those 26 weeks

The timeline isn’t just empty waiting. Here’s how the process typically unfolds:

Weeks 1-2: The court receives your application, checks it’s complete, and issues it. For sole applications, they send a copy to your spouse.

Weeks 2-4: Your spouse acknowledges receiving the papers (sole applications only). They have 14 days to respond.

Weeks 4-20: The mandatory reflection period. Nothing happens legally, but this is the time to sort out finances and children’s arrangements.

Week 20-22: You apply for the conditional order. The court reviews it and pronounces the order, usually within 2-4 weeks.

Weeks 22-28: The six-week wait between conditional and final orders.

Week 28+: You apply for the final order, which is usually granted within a few days.

Why most divorces take longer

While six months is theoretically possible, the reality is that most divorces take 7-12 months even when things go smoothly. Several factors commonly extend the timeline:

Court processing delays

The family courts handle thousands of applications. At busy times, there can be backlogs that add weeks to each stage. You can’t control this, but applying online and ensuring your paperwork is complete helps avoid unnecessary delays.

Your spouse doesn’t respond promptly

If you’re making a sole application and your spouse doesn’t acknowledge the papers within 14 days, you’ll need to take additional steps. This might involve arranging personal service (having someone deliver the papers directly), which adds time and cost.

Financial matters are unresolved

Many solicitors advise against finalising your divorce until finances are sorted and recorded in a court-approved consent order. If you’re negotiating the division of property, pensions, or maintenance, this can take months – especially if you disagree.

Children’s arrangements are disputed

While arrangements for children are legally separate from divorce, ongoing conflict about where children live or how much time they spend with each parent can complicate everything and create stress that slows down other decisions.

Errors in the application

Simple mistakes – wrong dates, missing information, unsigned forms – get applications sent back for correction. Double-check everything before submitting.

When things get complicated

Some situations inevitably take longer to resolve:

Complex finances – multiple properties, business interests, overseas assets, or significant pensions require careful valuation and negotiation. Court proceedings for contested finances (called financial remedy proceedings) can take 12-18 months.

International elements – if your spouse lives abroad, serving papers takes longer. There may also be questions about which country’s courts should handle the divorce.

Domestic abuse cases – while the divorce itself follows the same process, related matters like protective orders and special arrangements for children require additional court involvement.

Your spouse tries to delay – while they can’t prevent the divorce under no-fault rules, a determined spouse can drag out financial negotiations or refuse to engage constructively.

How to keep things moving

You can’t eliminate the mandatory waiting periods, but you can avoid unnecessary delays:

Apply online – it’s faster than post and the system helps you avoid errors.

Get your paperwork right – gather your marriage certificate and your spouse’s contact details before you start.

Consider a joint application – if you’re both in agreement, applying together is more efficient.

Start financial discussions early – use the 20-week reflection period productively. The more you can agree before applying for the conditional order, the smoother the final stages will be.

Respond promptly – when the court or your solicitor asks for information, provide it quickly.

Consider mediation – if you’re struggling to agree on finances or children, a mediator can help you reach resolution faster than court proceedings.

Get legal advice – a solicitor can handle the process efficiently and anticipate potential problems.

What if my spouse won’t cooperate?

Under the no-fault system, your spouse cannot stop the divorce by refusing to engage. However, their lack of cooperation can cause delays:

• If they don’t acknowledge the divorce papers, you may need to arrange personal service
• If they won’t engage with financial negotiations, you may need to apply to court
• If they dispute children’s arrangements, court involvement becomes necessary

These situations are frustrating but not insurmountable. A solicitor can advise on the best approach for your circumstances.

Realistic expectations

For a straightforward, amicable divorce where you agree on finances and children:

Best case: 6-7 months
Typical: 8-10 months
With some complications: 12 months

For a divorce involving significant disagreement about finances or children:

Typical: 12-18 months
Complex cases: 2+ years

The key variable is usually how quickly you can resolve matters outside the divorce process itself. The legal mechanics of ending the marriage are relatively quick – it’s everything else that takes time.