How long does it take to get a Divorce if both parties agree?

Having made the difficult decision to end a marriage, many people ask, “How long will the process take?” The answer depends on what you mean by “divorce.” A divorce is much like a marriage. When people think of getting married, they often picture flowers, cars, and dresses, but a marriage is simply two people, a registrar, and two witnesses in a licensed venue. Everything else is extra. Similarly, a divorce is the administrative ending of a marriage, primarily a paperwork exercise via the courts. However, when people think of divorce, they often focus on questions like “What about the children?” and “How will we sort the finances?”

Since the introduction of the Divorce, Dissolution and Separation Act 2020, which came into effect on April 6, 2022, the divorce process in England and Wales has been significantly reformed to introduce a no-fault divorce system. This overhaul, the most significant in over 50 years, aims to reduce conflict by removing the need to assign blame or prove fault, making the process more amicable and straightforward.

Key Changes in the Divorce Procedure:

• No-Fault Divorce

The sole ground for divorce is the irretrievable breakdown of the marriage. Applicants (either one spouse or both jointly) need only submit a statement declaring that the marriage has broken down irretrievably, without citing reasons such as adultery or unreasonable behaviour. This eliminates the need for blame, reducing emotional tension.

• Joint Applications

Spouses can now apply for a divorce together, fostering a collaborative approach. Alternatively, a sole application can be made by one spouse, and the other cannot contest the divorce except on limited grounds like jurisdiction, fraud, or coercion.

• Simplified Process

The process begins with submitting a divorce application to the court, either online or on paper. The default method of notifying the respondent is via email. The court accepts the statement of irretrievable breakdown as conclusive evidence.

The language has been modernised. The “petitioner” is now the “applicant,” the “Decree Nisi” is the “Conditional Order,” and the “Decree Absolute” is the “Final Order.”

• Mandatory Waiting Periods

After filing the application, there is a minimum 20-week known as the “reflection period” before applying for a Conditional Order. This allows parties time to reconsider or plan for issues like finances and child arrangements. Following the Conditional Order, a further six weeks and one day must pass before applying for the Final Order, which legally ends the marriage. In total, the process takes at least 26 weeks, though court delays or unresolved issues may extend this timeline.

Financial Settlements and Delays

While the divorce itself is an administrative process, issues like finances and child arrangements are handled separately and can extend the overall timeline. It is common to delay applying for the Final Order until financial settlements are resolved. This is because, if one spouse dies before the Final Order, the surviving spouse retains rights to pension benefits or inheritance as a widow or widower. Once the Final Order is granted, these rights may be lost unless a financial settlement is in place. A Clean Break Order is often recommended to ensure complete financial separation.

How Long Does It Take?

The minimum timeline for a straightforward divorce is 26 weeks (20 weeks for the Conditional Order plus six weeks and one day for the Final Order). However, practical realities like court delays or unresolved financial issues often extend this to six to nine months or longer.

Why Use a Solicitor?

While the no-fault divorce process is more accessible, especially with the online court portal, many still prefer to have a solicitor handle the application to ensure accuracy and efficiency.

We can guide you through the process, advise on financial settlements, and help with mediation to resolve disputes amicably. Mediation is encouraged to avoid costly court battles, though legal representation is available if court proceedings are necessary.

Andrew Isaacs Law understands the system and can provide expert guidance. Contact us today to arrange a consultation with one of our dedicated family lawyers.

Article dated: 08/09/2025

Gemma Lee Associate Family Law Solicitor

Gemma Lee is an accomplished Associate Family Law Solicitor dedicated to helping families navigate through difficult legal situations with compassion and expertise. With years of experience in Family Law, Gemma is well-equipped to handle a variety of cases, including Post-nuptial Agreements, Separation, Divorce, Finances and private Children Matters.