How long,on average,does it take to get divorced in England?

Answer 1

In England and Wales you can't start divorce proceedings until you've been married a year. It makes no difference if your bridegroom ran away with your mother the day after your wedding, you still can't start the divorce proceedings until a year has passed. Once the court has received your petition, it will take a few days before it posts a copy of the petition to your ex. He then has 8 days to return the completed and signed Acknowledgement of Service form to the court. If he doesn't do this, it causes delay and extra expense, but ultimately if he is just stubborn you can ask the court to "deem service", i.e. to accept that your ex has received the petition but is not co-operating. Once you have either the signed Acknowledgement of Service form or an order from the court deeming service, you need to "apply for directions for trial". To do this you need to fill in a form called an "affidavit in support of petition". This says that you swear that the signature on the Acknowledgement form is that of your husband. That has to be sworn in front of a solicitor, commissioner for oaths, or officer of the court. Take it to the court, it's free! Once you have that, fill in your application for directions for trial (very easy, one page document, simple as anything) and take it with your affidavit and exhibit sheet that is attached to the acknowledgement form (exhibit sheet is a plain sheet of paper with the name of the court and its reference number at the top, and in the middle it says e.g. YOUR NAME, Petitioner, and HIS NAME, Respondent - under that it says This is the exhibit referred to in the affidavit of the Petitioner attached hereto").

Once the court gets this application, it will put the papers before the judge who will decide whether you are entitled to a divorce. This is usually on the basis of your ex having committed adultery (he has to admit this) or having behaved so unreasonably that you couldn't be expected to live with him. Sometimes it's on the basis of two years separation with his consent but that's a long time to wait. Probably a couple of weeks later you will receive a certificate telling you you are entitled to a divorce. This will tell you the date on which the judge will pronounce the decree nisi. This is the decree of divorce but it's not final. The system gives you and your ex six weeks to "cool down" in case you realise you've made a mistake and don't really want to get divorced. This stops people getting divorce in the heat of the moment. Six weeks and one day later you can apply for the decree to be made absolute (final). If you don't apply for it, your ex can apply for it three months AFTER the date on which you could have applied for it, but then he can apply for an order that you pay his costs of doing so.

I did my own divorce in two months flat. I filed my petition at court at the end of September and had my decree absolute before Christmas. Divorces conducted by solicitors can take from a few months to about 9 months to complete, even longer if you are arguing over property or children. However, I knew what I was doing because I'd been a matrimonial legal secretary for many years, and also I was surrounded by friendly lawyers willing to give me advice and support me. If you have no access to knowledge like this, get a solicitor to help you with your divorce. Solicitors know what they are doing. If you screw up your divorce yourself you have no comeback. If your solicitor screws it up, you can sue her for negligence.

Answer 2

If there are no complications, the whole matter can be over and done with in 3 to 6 months dependant upon paperwork. It's actually a fairly simple process and if you can divorce amicably you won't need a solicitor.
I went through the process without legal assistance using a kit from Staples. The time delays are due to legal precedent which requires that once the two parties have informed the court that a divorce is required and the marriage is irreconcilable, there is a period of 3 months allowed for either party to raise objections. If none are forthcoming, then the paperwork can be processed and 3 months later you will have your Decree Absolut, at which point you are no longer married.
If you have assets to divide, kids, family pet etc etc, which leads to complications, these arrangements must be stated on the divorce paperwork to be agreed by the court before any approval for dissolving the marriage can go ahead. This is the bit that can get nasty and is why most marriage breakdowns require legal assistance.
I found a pretty good website that gives most of the information in the pack I mentioned here:

http://www.sharingpensions.co.uk/marbreak2.htm

Hope this is useful.

Answer 3

Sure you do have to have a fiscal contract. That is a component of the divorce. You have got to have lived individually for 2 years and agree for divorce or show unreasonable behaviour, adultery and so forth for a faster divorce. I'd now not say it is original observe in England to have girlfriends and so on whilst nonetheless married. I am definite tons of folks do although and not just in England. I also believe there's a risk of leaping into a different relationship earlier than you've got come to terms with what went flawed in the first marriage and had some time out.

Answer 4

sure you do favor to have a monetary settlement. it really is portion of the divorce. you'll have lived one at a time for 2 years and agree for divorce or teach unreasonable behaviour, adultery etc for a faster divorce. i doesn't say it truly is effortless practice in England to have girlfriends etc even as nonetheless married. i'm particular a good number of people do although and by no ability basically in England. I also imagine there's a risk of jumping into yet another courting in the previous you've come to words with what went incorrect contained in the first marriage and had a even as out.

Answer 5

5 days

Answer 6

sorry but no such thing as an average divorce . All depends on how complicated the division of property and goods is . Are their kids involved etc etc etc

Answer 7

depends on what is involved... are financial matter sorted? do you have kids? things like this can lengthen times, but i have done it twice, 1st time with all sorted and amicable it took @5 months, this time to a complete idiot who opposed everything it has taken twice as long, just think though, it is always worth it in the end! good luck... 8 more days for me til decree absolute!!!! yippeee

Answer 8

It depends on how long you have been together and how fast you can find someone who can get you a divorce.

Answer 9

Too bloody long................So for anyone who is thinking about getting married think long and hard' if you are not married it is so much easier to just walk away with no ties(except if there are children) now that must be hard...anyway just thought I would add my bit ;)

Answer 10

its around 4 years for marriages in the last twenty years!!