Divorce Time Limits in the UK

In this article, our family law solicitors take a look at the time limits surrounding divorce to help you gain a better understanding of the no-fault divorce process.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances.

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

Divorce Proceedings and the Twelve-Month Rule

Sometimes people know shortly after their marriage ceremony that they have made a mistake. You can separate straight after your marriage but the law says you cannot start divorce proceedings until you have been married for at least twelve months.

If you want to end your marriage within the first twelve months then the best option is to speak to a family law solicitor to see if you have the grounds to annul your marriage.

Even if you cannot start divorce proceedings within the first twelve months, your family law solicitor can help you negotiate and sort out a separation agreement setting out the division of any family assets and confirming that you intend for there to be a clean break with no further financial claims by either one of you. When divorce proceedings are started your separation agreement can be converted into a consent order which is a binding court order entered into by agreement Which will provide you with peace of mind moving forward.

You should not assume that you do not need a financial court order because you have only been married for twelve months.

No-fault Divorce Proceedings and the Separation Requirement

Before the introduction of no-fault divorce proceedings in the UK, there were various timeframes you needed to be aware of.

With no-fault divorce proceedings, there is no requirement to have been separated for a certain period of time. When applying for a divorce all you need to say is that the marriage has broken down irretrievably and that you want a divorce.

No-fault Divorce Timeline

Although there is no requirement that you have been separated for a minimum period of time in no-fault divorce proceedings, there is a timeline that the applicant for divorce must normally follow.

After an applicant lodges a divorce application at court the applicant needs to wait twenty weeks before they can ask the court to proceed to pronounce the conditional order of divorce. The applicant then needs to wait for a further six weeks after the grant of the conditional order before they can apply for the final order of divorce. This final order concludes the divorce proceedings.

In certain situations, an applicant can ask the court to allow them to go ahead with the divorce application even though they have not waited the required twenty weeks.

You can obtain a final order of divorce even though you have not reached an agreement over where your children will live, the contact arrangements or you have not been able to agree on a financial settlement. However, a family law solicitor may recommend that you hold off applying for a final order of divorce until you have negotiated a financial settlement or a judge has made a financial court order.

Financial Settlement Time Limits

People assume that if they get divorced, they can no longer bring a financial claim against their former spouse and vice versa. That is incorrect. Whilst there are limited situations where you cannot make a late financial claim, in most cases there is no time limit.

It is recommended that you do not leave yourself exposed to potential future financial claims and that you agree to a financial settlement at the time of your separation and convert your agreement into a binding court order at the time of the divorce proceedings. Our specialist team of family law solicitors can guide you through the no-fault divorce and financial settlement process.