Divorce Procedure Timescales
There is no such thing as a “quick divorce” – ending a marriage requires various formalities to be followed and this can take several months. Most separating couples want to have their divorces finalized quickly so that they can understandably move on with their lives. With the introduction of the new divorce law in 2022, the timeline to finalize a divorce has varied.
The no-fault divorce law introduced several stages and timeframes for each step involved in finalizing a divorce. Understanding divorce timelines will give you a clearer idea as to how long it will take to get your long awaited divorce.
From an initial divorce application to the pronouncement of the Final Order, it usually takes a minimum of 26 weeks or 6 months to conclude a divorce. The process of finalizing a divorce may take slightly longer than the said time scale depending on the complexity of the case.
Divorce timelines depend on whether the divorce is straightforward or contested. Under the no-fault divorce, the couple has to be married for at least a year to file a divorce application. Complex financial affairs, child arrangements, and failing to reach a settlement can also affect the length of the divorce proceedings.
Divorce Application
Any couple who has been married for a year can apply to the court for a divorce declaring an irretrievable marriage breakdown.
The couple can expedite the process by correctly filling out the paperwork and submitting the required documents timely. Depending on the preparation by the applicants, it takes anywhere between a few days to a few weeks.
Acknowledgment of Service
If the divorce application is not filed jointly, the other spouse (respondent) has to complete and send back a document called an Acknowledgement of Service (AOS) to confirm the receipt of the divorce application. The respondent must fill out and return the AOS within a 14-day deadline.
The process to get a divorce becomes slightly longer if the other spouse decides to contest the divorce. In this case, both parties have to attend court hearings so that a Judge can determine if the divorce can proceed.
Reflection Period
After the divorce application has been issued by the court, the next stage requires the applicants to wait at least 20 weeks before applying for a Conditional Order. This 20-week reflection period allows applicants to reflect on their decision.
It is worth noting that the cooling-off period of 20 weeks is the minimum timeframe. It could take longer than 20 weeks depending on several variables
Conditional Order
After the waiting period is over, the court will issue a Certificate of Entitlement to confirm the date of the conditional order. Typically, the issuance of the conditional order takes a few weeks.
Final Order
Once the Conditional Order is granted, the applicants have to wait another 6-week cooling-off period before applying for the Final Order, formerly known as Decree Absolute.
In brief, it takes a minimum of 6 months to get a divorce according to the timeframes introduced by the no-fault divorce.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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