Get in touch, we’re here to help! Our friendly team is ready to assist you every step of the way. Simply fill out the contact form or give us a call on 01625 526 222, and we’ll get back to you as soon as possible.
Contact Sinclair Law for a free 30-minute case review to new clients to explore how we can best support your needs.
When people begin the divorce process, one of the most common questions they ask is: “how long does a divorce take?” The answer, unfortunately, isn’t as straightforward as many hope. While there is a standard legal framework that suggests an approximate duration, the reality can be quite different. Many individuals find that unexpected factors, ranging from legal complications to administrative delays, can extend the timeline significantly.
Under the current procedural guidelines, an uncontested divorce, where both parties agree to the separation and terms, should take at least 26 weeks (around six months) to finalise. This timeline includes a mandatory 20-week cooling-off period, which is designed to give both parties the chance to reflect and possibly reconsider their decision. After this period, there’s an additional six-week waiting period before the final order (formerly known as the decree absolute) can be granted.
This structured timeline is the ideal. It represents what might happen when both parties cooperate, paperwork is submitted correctly and on time, and no external complications arise. In such a scenario, the answer to “how long does a divorce take” would seem fairly straightforward, just over six months.
But as many find out, reality often deviates from the ideal.
Despite the streamlined process on paper, the actual average time it took to finalise a divorce by the end of 2024 was 63 weeks, a significant increase from the intended six months. This statistic, drawn from real-world case data, illustrates that most divorces take longer than expected due to a variety of complicating factors.
So, if you’re asking how long does a divorce take, it’s essential to prepare for potential delays, even in seemingly simple cases.
1. Lack of cooperation from the other party
One of the most common reasons for delays is when one spouse does not cooperate with the process. While recent legal reforms have made it possible to proceed with a divorce even if one party does not consent, their lack of response can still slow things down.
When a divorce application is filed, the other party must complete and return an Acknowledgement of Service form. If they don’t respond within the required timeframe, the person initiating the divorce will need to prove that the papers were served, this can involve sending documents via tracked post or even hiring a process server.
It’s worth noting that this will not stop the divorce from going ahead, but it can add weeks, or even months, to the timeline.
2. Unresolved financial proceedings
Another common source of delay is financial arrangements. If both parties are involved in separate financial proceedings, the court may delay the final divorce order until those matters are resolved. Why? Because certain legal and financial protections tied to marital status only apply before the divorce is legally concluded.
In simple terms: until finances are settled, the divorce can’t be finalised without potential risk to either party. And as many discover, negotiating financial settlements can be just as time-consuming as the divorce itself.
The legal system provides a clear path, but life rarely follows a script. Court backlogs, incomplete paperwork, uncooperative spouses and financial negotiations all add layers of complexity.
So, if you find yourself wondering ‘how long does a divorce take’, remember this: while you can’t control every variable, you can prepare for a process that may stretch beyond the legal minimum.
In short, while a six-month divorce is possible, it’s not always possible. However, working with experienced family lawyers, like the team at Sinclair Law, ensures that your divorce is handled as smoothly and efficiently as possible.
Lucy Hart, Family Lawyer, explains that “Divorce isn’t just a legal event, it’s a life transition. And like all transitions, it takes time, patience and persistence.”
We offer clear advice so you’ll always know exactly where you stand. If you need help with a family law or divorce-related issues, get in touch for a free, no-obligation 30-minute consultation.”
Sources:
Family Court Statistics Quarterly; July to September 2024 – GOV.UK
“Blame game” ends as no-fault divorce comes into force – GOV.UK