How to handle a prolonged divorce and minimise delays
Divorce can be emotionally and mentally taxing, especially when the process drags on for months or even years. Prolonged proceedings often add to the stress and make it harder for both spouses to move on. Fortunately, understanding the process and addressing potential obstacles can help minimise delays and achieve a faster resolution.
This article outlines the common causes of divorce delays and how to handle them effectively.
Understanding the divorce process in the UK
In the UK, divorce officially begins with filing an application and concludes with a final decree.
Here’s a simplified timeline of the typical process:
- Application filing – applicants must file the necessary paperwork to start the process. Courts generally take about four weeks to review the documents.
- Acknowledgement of Service – the respondent (or applicants if a joint application) must respond within 14 days of receiving the notice of proceedings.
- Conditional Order – if approved, the court grants a Conditional Order after at least twenty weeks have lapsed. This confirms the marriage has irretrievably broken down.
- Final Order – following a mandatory six-week waiting period after the Conditional Order, applicants can file for the Final Order to officially end the marriage.
Divorce proceedings typically take at least six months under the UK’s No-Fault Divorce system, which was introduced in April 2022. The mandatory waiting periods are designed to encourage couples to resolve key issues, such as finances and child arrangements, before the divorce is finalised.
Key barriers to a quick divorce
Even in amicable separations, there are a lot of high-stake issues to settle. Common reasons for prolonged divorce proceedings are disputes over financial settlements, disagreements over child custody arrangements, administrative delays and uncooperative spouses.
- Disputes over financial settlements
High-stakes financial disputes can lead to extended court hearings. Common challenges include the division of complex assets, pensions or debt, especially for high-net-worth individuals. If common ground cannot be found, the likely result will be additional court dates. Additional hearings, and any subsequent appeals, can add a significant time delay to the divorce.
Tip: Early financial disclosure and mediation can help resolve disputes without lengthy litigation.
- Child custody disagreements
Disagreements over living arrangements, visitation rights and parental responsibilities can also delay proceedings. These issues often require court intervention, which could further extend the timeline. A quick decision on childcare arrangements is generally positive for the children. However, if no resolution is forthcoming, the issue will often be settled in court.
Tip: Aim for amicable agreements and prioritise the wellbeing of the children to expedite custody decisions.
- Administrative delays
Court backlogs, missing paperwork, or errors in documentation can slow down the process. High demand in family courts often exacerbates delays.
Tip: Work closely with an experienced family law solicitor to ensure all paperwork is submitted accurately and on time.
- Uncooperative Spouses
Some spouses may deliberately stall the process by refusing to sign documents, concealing information, not attending hearings or disputing the divorce application. These tactics can frustrate efforts to move forward.
Tip: Work closely with an experienced family law solicitor
Strategies to overcome divorce delays
- Enlist professional legal support
A skilled family law solicitor can navigate delays caused by an uncooperative spouse, including filing court orders to compel action. They can also help you understand your options, such as applying for deemed service (where one party asks the court’s permission to accept other methods for delivering the paperwork) or using a bailiff to serve papers.
- Prepare thoroughly
Before initiating divorce proceedings, gather key documents, such as financial details, pension statements and property valuations. This preparation minimises last-minute surprises and reduces potential disputes.
- Communicate clearly
Open and honest communication about expectations regarding finances, housing and custody can foster mutual understanding and prevent unnecessary conflict.
- Stay proactive with deadlines
Missing deadlines can significantly delay proceedings. Keep track of all court dates and required submissions to ensure timely responses.
How long can a spouse drag out a divorce?
There’s no fixed maximum length for a divorce, as cases vary significantly depending on the complexities involved. However, with the right preparation and legal guidance, you can significantly reduce the risks of prolonged delays.
Take control of your divorce today
We’re here to help you get your divorce over the line in the shortest time possible. Our team of experienced family law solicitors is here to help you navigate the process efficiently, even when faced with challenges. Whether you need support overcoming delays or want to ensure a smooth start-to-finish experience, we’re here to assist.
