Since the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, divorce in England and Wales has become a no-fault process. You no longer need to blame your spouse or wait years to separate. But the minimum timeline is still 26 weeks — and in practice, many divorces take considerably longer. Here is how to keep yours on track.
The Minimum 26-Week Timeline
The no-fault divorce process has two mandatory waiting periods built in. After filing the divorce application, there is a 20-week reflection period before you can apply for the Conditional Order (formerly Decree Nisi). After the Conditional Order is granted, there is a further 6-week waiting period before you can apply for the Final Order (formerly Decree Absolute). These periods are fixed by statute and cannot be shortened.
Why Divorces Take Longer Than 26 Weeks
The 26-week minimum is rarely achieved in practice. Common causes of delay include: court backlogs at HMCTS (the courts service is significantly under-resourced); delays in serving the divorce application on the respondent; disputes about the financial settlement that must be resolved before the Final Order is applied for; and administrative errors in the application that require correction.
Joint vs Sole Applications
You can apply for divorce jointly with your spouse or as a sole applicant. A joint application removes the need to serve the application on your spouse and eliminates the risk of the respondent failing to acknowledge service — one of the most common causes of delay. If your relationship is amicable, a joint application is almost always faster.
Sorting the Financial Settlement Early
One of the biggest mistakes divorcing couples make is applying for the Final Order before the financial settlement is agreed and formalised in a Consent Order. Once the Final Order is granted, your right to make certain financial claims against your spouse may be affected. Solicitors generally advise clients to have a Consent Order approved by the court before applying for the Final Order.
Do not apply for the Final Order until your financial settlement is agreed and a Consent Order has been approved by the court. Rushing the Final Order can have serious consequences for your financial claims.
Using a Solicitor to Avoid Errors
HMCTS rejects a significant proportion of divorce applications due to errors — incorrect names, missing information, or procedural mistakes. A solicitor will ensure your application is correct first time, avoiding the delays caused by rejection and resubmission. The cost of a solicitor is often recovered many times over in time saved.
Mediation and Collaborative Law
If financial or children matters are in dispute, mediation or collaborative law can resolve issues significantly faster than court proceedings. Court-based financial remedy proceedings can take 12–18 months. A mediated settlement can often be reached in weeks. HMCTS requires most divorcing couples to attend a Mediation Information and Assessment Meeting (MIAM) before issuing financial proceedings.