Increased delays - The not so quickie divorce

The 6th of April 2022 saw the introduction of the no fault divorce. Whilst the new rules removed the need to provide a reason for the irretrievable breakdown of the marriage, they also introduced a number of obligatory waiting periods before certain steps in the divorce could be taken. 

These waiting periods mean that once a divorce application has been issued, the applicant(s) must wait at least 20 weeks before they can apply for a conditional order and then once the conditional order has been granted, they must then wait a further 6 weeks before they can apply for the final divorce order.

As it has now been a year since the new rules came into effect, we have been able to see how these new rules have impacted applications in practical terms.  These stats show that as we all suspected, the new law has increased the time it takes to get divorced.  Under the old rules, if the divorce went like clockwork, it could in theory be completed in as little as 7 months. In fact, it is now taking 67 weeks -  which is a 14-week increase on the average time it took to get divorced in 2021 under the old divorce law. 

There may be a number of reasons for this increase and in particular I am mindful that there is often good reason to delay making an application for a final divorce order if the finances have not yet been fully addressed. However, I have no doubt that the additional waiting periods are partly to blame.

My concern in relation to the length of time it is taking to conclude divorce applications is that it can force couples into an extended period of uncertainty. This is particularly so when a divorcing couple agree that the marriage has broken down and has agreed on the financial issues but can not submit an order to the court confirming the financial agreement until they have been granted the conditional order yet wish to implement that agreement asap.

Getting to the point of being able to submit an agreed financial order to the court requires them to have had a divorce application issued, to have waited 20 weeks before then applying for a conditional order, waiting on average a further 4 weeks for the court to consider that application and then receiving confirmation that the conditional order will be made some 4 weeks later.

At Birkett Long LLP, our family solicitors are able to advise couples who are separating or considering separation about Divorce as well as the financial and other issues that arise.  We offer free initial no obligation telephone calls with our solicitors to discuss how we can help. I can be contacted on 01206 217305 or via email at [email protected].