Divorce is often portrayed in popular culture as a quick and easy process, with couples parting ways in a matter of days or weeks. However, in reality, obtaining a divorce in England and Wales is not as swift as it is often believed to be. Let’s delve into the process and dispel the myth of the “quickie divorce.”
Understanding the Legal Process:
The legal process of divorce in England and Wales involves several stages, each with its own set of requirements and timeframes. These stages include filing a divorce petition, obtaining a decree nisi and finally, receiving the decree absolute.
Filing the Divorce Petition:
The first step in the divorce process is filing a divorce petition. This document outlines any financial or child-related matters that need to be addressed. It is important to note that there is a minimum waiting period of six weeks and one day from the date of the conditional order (formerly decree nisi) before the petitioner can apply for the final order (formerly the decree absolute).
Obtaining the Conditional Order (formerly known as the Decree Nisi):
Once the divorce petition is filed, the court will review the documents and, if satisfied, issue a conditional order. This is a provisional decree of divorce, indicating that the court sees no reason why the marriage cannot be dissolved. However, it does not finalise the divorce.
Waiting Period:
After the conditional order is granted, there is a mandatory waiting period of at least six weeks and one day before the petitioner can apply for the decree absolute. This waiting period allows for any potential objections or disputes to be raised before the divorce is finalised.
Receiving the Decree Absolute:
The decree absolute is the final decree of divorce, officially ending the marriage. It is important to note that even after the decree absolute is granted, financial matters and child arrangements may still need to be resolved separately.
Factors Affecting the Timeline:
While the average time for an uncontested divorce is over six months, several factors can influence the duration of the process. These factors include the complexity of financial matters, disputes over child arrangements and the workload of the court system. If any of these issues arise, the divorce process can be significantly prolonged.
Contrary to popular belief, obtaining a divorce in England and Wales is not a quick and effortless process. The legal requirements and waiting periods involved mean that divorces typically take several months to finalise. It is crucial to understand the complexities of the process and manage expectations accordingly.
If you are considering divorce, it is advisable to seek legal advice from a qualified solicitor who can guide you through the process and provide an accurate estimate of the timeline based on your specific circumstances. Remember, divorce is a significant life event, and it is essential to approach it with patience, understanding and the support of legal professionals.
At Alexander JLO we have a committed team of expert divorce lawyers willing to assist you. For a free, no obligation consultation why not give us a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 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. His profile on the independent Review Solicitor website can be found Here