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Introduction
Delays in divorce cause stress, increase costs and prolong uncertainty for families. Many delays arise from practical mistakes or avoidable disagreements. This guide explains the most common reasons divorces stall in England and Wales, describes how the court timetable works, and gives clear, practical steps you can take to speed the process while protecting your legal position and your children’s welfare.
Quick overview of the statutory timetable
Before exploring delays note the minimum legal timescale. After issue you must wait 20 weeks before applying for the Conditional Order, then wait six weeks and one day before applying for the Final Order. The legal minimum therefore runs to about 26 weeks. Most delays occur beyond these mandatory periods when parties dispute issues or fail to follow directions.
1. Incomplete or incorrect paperwork
Why it delays
Courts reject or query applications that lack required details or supporting documents. Missing marriage certificates, incorrect names or addresses and unsigned statements force re‑filing and added processing time.
How to avoid it
– Use the government portal or solicitor checklists to complete forms accurately.
– Attach an up to date marriage certificate and proof of identity where required.
– Check names, dates and addresses carefully and correct errors before filing.
– If you represent yourself follow the court’s form guidance precisely and keep digital copies of submitted forms and confirmations.
2. Failure to pay or apply for fee remission
Why it delays
Court will not issue applications until it receives the fee or a valid remission application. Delays to payment or incomplete remission evidence put your application on hold.
How to avoid it
– Check current fees on GOV.UK and pay online at filing.
– If you need Help With Fees apply early and submit all financial evidence requested.
– If you expect a remission gather payslips benefit letters bank statements and proof of rent or mortgage to support the application.
3. Late or no response from the respondent
Why it delays
If a sole applicant files the respondent must acknowledge service. A late or absent acknowledgement triggers default processes that still take extra time. Non‑response can also lead to court requiring extra proof before granting orders.
How to avoid it
– Use tracked or recorded service methods approved by the court.
– Keep clear records of attempts to serve documents.
– Consider joint applications where both parties agree; joint filings avoid service delays entirely.
4. Insufficient financial disclosure
Why it delays
Courts need full financial disclosure to resolve ancillary matters. Missing bank statements pensions valuations or business records lead to repeated requests for disclosure and adjourned hearings.
How to avoid it
– Prepare a full Form E and attach supporting documents at the earliest stage.
– Cooperate promptly with disclosure requests and keep organised electronic and paper copies.
– If you suspect hidden assets engage forensic accountants early to avoid late surprises.
5. Complex or disputed financial matters
Why it delays
Pension valuations, business valuations or trust issues often require expert reports. Experts need time to prepare valuations and courts must list hearings to consider specialist evidence.
How to avoid it
– Obtain valuation instructions early and agree single joint experts where possible to reduce duplication and cost.
– Narrow disputed issues with solicitors before hearings and use the FDR to test settlement prospects.
– Consider interim orders to preserve assets while valuations proceed.
6. Disputes about children and welfare concerns
Why it delays
Where parents cannot agree on child arrangements the court may order welfare reports from Cafcass, section 37 social work assessments or psychological evaluations. These reports usually take weeks or months to prepare.
How to avoid it
– Attend a MIAM and attempt mediation early to resolve arrangements without a full welfare pathway.
– Prepare a practical, child‑centred parenting plan to present at early hearings.
– Provide schools medical and childcare documents promptly when requested to shorten report times.
7. Contested jurisdiction and international issues
Why it delays
Cross‑border cases raise jurisdiction questions, especially where one party lives abroad or a child moved jurisdictions. The court must consider habitual residence rules and may delay to resolve competing proceedings overseas.
How to avoid it
– Seek our advice as specialist international family lawyers quickly if foreign elements exist.
– Act fast to obtain injunctive relief such as Prohibited Steps Orders if you fear removal of a child.
– Use central authorities under the Hague Convention promptly in abduction scenarios.
8. Failure to follow court directions and deadlines
Why it delays
Judges give directions to manage cases efficiently. Parties who miss deadlines for statements, bundles or expert reports force the court to relist hearings and extend timetables.
How to avoid it
– Read every court order carefully and diarise dates immediately.
– Agree a mutual timetable with the other side where practicable and seek extensions early if needed.
– Ask your solicitor to apply for urgent directions if the other party refuses to cooperate.
9. Poor communication between parties and solicitors
Why it delays
Prolonged email battles, unnecessary applications and failure to take reasonable settlement offers waste court time and inflate delays.
How to avoid it
– Keep communications factual and limited to essential issues.
– Use solicitors like us who practise constructive negotiation and explore ADR such as mediation or collaborative law.
– Consider early neutral evaluation or private arbitration to narrow unresolved legal points.
10. Safety concerns, domestic abuse and protective orders
Why it delays
Where abuse allegations appear the court prioritises safeguarding. The judge may list separate hearings, order protective measures and require social work investigations, which lengthen the timetable.
How to avoid it
– Report safeguarding concerns early to police and social services and provide the court with evidence.
– Seek urgent non‑molestation or occupation orders if immediate safety is at risk; these can be heard quickly.
– Where safe, engage with specialist domestic abuse services that can help prepare evidence efficiently.
11. Late or inadequate expert evidence
Why it delays
Experts who prepare late or incomplete reports force adjournments and new instructions. Conflicting expert opinions may lead to further expert determination hearings.
How to avoid it
– Agree a clear expert brief and timetable at the outset and obtain joint instructions where appropriate.
– Select experienced specialists with family law experience and realistic turnaround times.
– Consider single joint experts for valuation, psychiatric or forensic accounting issues to reduce expert disputes.
12. Court backlogs and limited hearing slots
Why it delays
Even well prepared cases can suffer delays because of limited court capacity or local listing pressures. Complex hearings need longer slots and these are scarce in busy centres.
How to avoid it
– Use settlement tools such as FDRs and consent orders to avoid contested trials.
– Where hearing time is critical consider listing in a more available court or seeking a remote hearing to access more slots.
– Keep your case tightly focussed to reduce required hearing time.
Practical checklist to reduce delay
– Complete forms accurately and attach required documents before filing.
– Pay fees or apply for Help With Fees promptly with full evidence.
– Consider a joint application to avoid service steps.
– Prepare full financial disclosure early and keep records organised.
– Start valuations and expert instructions early and consider joint experts.
– Attempt mediation or collaborative law before issuing contested applications.
– Keep communications limited and record attempts to resolve.
– Attend MIAM, cooperate with Cafcass and provide school medical records promptly.
– Diary court deadlines and comply with directions without delay.
– Seek specialist advice for international issues or suspected hidden assets.
– Use interim orders when necessary to preserve assets or protect children.
– Ask for case management help from your solicitor if the other side stalls.
When delays are unreasonable: asking the court for help
If the other party obstructs progress you can ask the court to intervene. Judges can give strict directions, award costs for unreasonable behaviour or list without notice hearings to force issues. Your solicitor can apply for a wasted costs or peremptory directions where necessary.
Conclusion
Many divorce delays arise from avoidable practical mistakes, lack of preparation or uncooperative behaviour. The best defence to delay combines good organisation, early disclosure, sensible use of experts, realistic negotiation and timely legal advice. Where safety or international complexity exists act promptly to preserve rights. By following the checklist above and by working with experienced family practitioners you improve the chances of a timely fair resolution and reduce cost and stress for everyone involved.
Alexander JLO Solicitors are well aware that going through divorce can be very difficult. Whilst the implementation of no-fault divorce back in 2022 has made the legal process much simpler, there are times, especially in relation to financial matters, when input from an experienced solicitor is vital.
With that in mind we have developed a revolutionary new service which will ascertain whether or not it’s wise to have legal advice on finances when going through divorce. Simply called Form Easy it will assess your level and type of assets and determine if you qualify for a free, no-obligation consultation to discuss your case with us and decide on the best ways forward for you. Simply click the Form Easy button, or visit the page here, answer a few short questions and we will let you have our input on whether we can help.
At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 23rd November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here