Divorce and Dissolution — Frequently Asked Questions

What is a ‘Quickie Divorce’ and can I get one?

We have all read articles in the media about various celebrities securing a “Quickie divorce” but in reality this is something of a misnomer.

The media have referred to divorces that used to be based upon adultery or unreasonable behaviour as being ‘quickie divorce’ because you could divorce immediately rather than waiting for two years to pass before you could separate without blame.

However, that all changed in April 2022 when ‘no fault divorce’ was introduced.

Now there is no need to wait or to prove adultery or unreasonable behaviour. One or both parties can apply for a divorce without delay provided they have been married for at least 1 year, so all divorces have become ‘Quickie Divorces!’

How long does a quickie divorce take?

No fault divorce is not a quick divorce.

Under the new no-fault divorce rules, it will take a minimum period of 26 weeks from start to finish.

It is often advisable to delay finalising your divorce, and holding off from applying for the Final Order of Divorce until you have a financial settlement which has been correctly drawn up and approved by the Family Court. 

The timeframe is deliberately lengthy to allow other issues such as the financial settlement, and arrangements for housing and the children to be resolved. 

What is the process for getting a divorce?

It is started by one person making a Divorce Application. In certain circumstances, you and your spouse may wish to make a Joint Divorce Application.  

For more details you can check out the process here.

Why does it take so long to get divorced?

The timetable, and in particular the 20 week cooling off period between the date of the application and the Conditional Order, was introduced to counter concerns that the new process would make it too easy for couples to call time out on their marriage. The idea is to give both parties time to reflect on their decision and obtain the legal advice they need.

Can my ex stop me from getting a divorce?

Following the introduction of no fault divorce there are very limited grounds under which you can contest the proceedings. It may for example be possible to challenge the divorce on the basis of jurisdiction, if England is not the right country to oversee the divorce, but you can’t simply contest the proceedings because you wish to remain married to your spouse.

Does it matter who starts the divorce?

No, the procedural outcome will be the same and it will make no difference to financial or child arrangements. 

However if you are the sole applicant, you have more control over the timing of the various stages of the process.

What will the divorce cost?

There is a court fee to issue the application.

Should I delay the Decree Absolute or Final Order?

You may be advised not to finalise your divorce until financial arrangements have been completely settled.

That is because if you and your spouse are no longer married, and one of you dies before a financial settlement has been reached, your entitlements to their financial assets may change.

How long do I need to be married before I can divorce?

You must be married for at least 1 year before you can make a Divorce Application.  However, you can start making arrangements for a financial settlement and child arrangements as soon as you separate. There is no need to wait.

We married abroad, does that make a difference to the divorce?

Where you got married is not relevant to the divorce, but what is important is where you and your spouse are living at the time of the divorce and in which country (jurisdiction) you are habitually resident and domiciled.

Habitual residence is often determined by where you are living, and where you intend to live evidenced by where your main home is, where you work, and where the children are educated.

Domicile can be determined by where you were born or where you are choosing to live.  For example if you are working abroad, but intend to return to live in England then England may be your domicile of choice.

However – and this is important - there may be more than one possible jurisdiction for a divorce. Urgent legal advice must be taken, as timing could be critical for an application to be filed in one jurisdiction, rather than another.

In many jurisdictions, the financial remedies on divorce will be linked to where the divorce proceedings take place. The outcome for a financial settlement might be very different in one jurisdiction, rather than another. See international family law disputes.