In our recent survey, we asked people about their understandings around divorce. We found that a lot of people have misconceptions around the process of divorce as well as some of the more in-depth aspects of it. Eight key myths were highlighted, and in this article, we’re going to explore how 74% of people think that a ‘quickie divorce’ is possible.
Divorce is not something people generally want to experience, so the idea that the potentially painful process can be sped up is very appealing. Most people would like to get things over and done with as soon as possible.
The myth
As our survey revealed, an overwhelming number of people believe that a ‘quickie divorce’ is possible. The idea behind this term is that when a couple essentially agree to split everything down the middle, and make any child arrangements themselves, they can fast-track their divorce – there is no need for dispute resolution, either out of court, or court proceedings. The final order can be granted, and each person can move on with their life.
The reality
Much as couples may wish to get the divorce out of the way quickly, there is no such thing as a ‘quickie divorce’, even if you and your ex are on good terms and agree on everything that needs to be arranged.
Understanding the divorce process
No-fault divorce, which was implemented in April 2022, changed the system so that there are built-in time frames.
The process of divorce looks like this:
- Application for divorce (usually online)
- 20-week ‘cooling-off’ period
- Conditional Order granted by the court (this gives permission for your divorce to go ahead)
- 6-week waiting period
- Final Order granted by the court (legally dissolving your marriage)
The purpose of this is to firstly allow couples time to change their mind should they reconcile. Importantly, it is time specifically allocated for couples to negotiate their financial settlement and any child arrangements, before the Final Order is granted and your marriage is dissolved.
Remember, it is very important to get your financial settlement approved by the court as a financial consent order before you apply for your Final Order. If your marriage is dissolved before your finances are approved, you could be vulnerable to claims from your ex.
Next steps
If you’re starting out on your divorce journey, speaking to an expert family lawyer can really help you understand the process and what is required from you, as well as what traps to avoid!
The minimum length of time for a divorce in England and Wales is 26-weeks. It can be longer if you and your ex contest some matters, or you have complex finances that need dividing.
The smoothest divorces are when couples can arrange matters between themselves, leaning on the advice of a family lawyer. You might also need insight from a financial adviser, mortgage broker, divorce coach or other expert.
