How Long Can a Spouse Delay a Divorce in the UK?

For many, the ideal divorce scenario is a quick and peaceful resolution. The introduction of the no-fault divorce law in April 2022 facilitates this, with the minimum time to apply for a final divorce order being about 26 weeks.

But, when one spouse is not ready to move on, the spouse can drag out the divorce process beyond this period, even up to a year or more.

This guide will shed more light on the divorce timelines in the UK, common causes of delays, and how you can possibly prevent your spouse from delaying the divorce.

However, since no two divorce situations are the same, we recommend consulting a family law solicitor for more personalised advice.

Divorce Timeline and Process in the UK

The divorce process in the UK has some waiting periods that can add up to about 26 weeks in total. These waiting times are there to give everyone time to really think things through and prevent hasty decisions that might be regretted later.

As mentioned earlier, every divorce is different, making timelines differ as well. However, here’s a general idea of what the timeline and process look like;

Starting the Divorce

The process begins with application and acknowledgement of service. You’ll need to complete a divorce application, and if you're filing on your own (a sole application), the other person (respondent) gets two weeks to acknowledge that they’ve received it.

The First Waiting Period

After submitting your application, you’ll have to wait 20 weeks before you can move on to the next step of applying for the conditional order.

In the application for the conditional order, you must confirm that you wish to proceed with the divorce and that everything in the divorce application remains unchanged or, if not, what has changed.

Finalising the divorce

You’ll need to wait another six weeks (and one day) from the day the conditional order was made before you can apply for the final order, which officially ends the marriage.

However, we advise that you settle any existing application for financial orders or ensure financial arrangements have been resolved before applying for the final divorce.

If you do not apply for the final order, your spouse could apply, but only after three months from the first day you could have applied.

How Your Spouse Can Delay the Divorce Process

While the UK divorce system is designed to be as fair and straightforward as possible, there are still ways your spouse can intentionally or unintentionally delay the process;

Financial Disputes

Sorting out who gets what, whether it's property, savings or even debts, can become a drawn-out process if your spouse isn't willing to cooperate.

If there’s a difference in how each party views the division of assets or debts, you may end up needing mediation or even a court decision, which adds time to the process.

Child Custody Issues

Disputes over where your children will live, who makes key decisions, and how much time each parent gets to spend with the kids can also complicate things quickly.

These discussions can be very emotional, and if you and your spouse can't agree, the court may have to step in, leading to further delays.

Unresponsive or Avoidant Behaviour

In some cases, a spouse might try to avoid the divorce and refuse to sign papers or even make it difficult to find them. If your spouse doesn't return the acknowledgement of service or dispute the divorce, the process will slow down.

In extreme cases, they might even hide their whereabouts, making it tough for the courts to move forward. While there are legal ways to address this, it inevitably adds more time to the process.

Complex Assets

If you or your spouse own a business, overseas properties, or significant investments, they can take longer to sort out. This is because these assets often require valuations and expert advice to ensure they are valued and divided fairly, especially if there is a dispute over how they should be split.

Administrative and Court Delays

Unfortunately, some delays are out of your control. The court system can experience backlogs. This means that even if everything is sorted on your end, you might still face delays in getting your documents processed or your hearings scheduled.

Appeals

Your spouse can disagree with the court's decision on your divorce and choose to appeal. The appeal process will involve additional hearings and push back the final order of the divorce.

How to Prevent Your Spouse from Intentionally Delaying a Divorce

It can be frustrating when your spouse isn't cooperating, but being proactive can help prevent delays. Here’s what you can do;

Start the Divorce Process Early

With the no-fault divorce system, you can file on your own as long as you've been married for at least a year. Starting the process sooner can get the clock ticking on the mandatory 20-week cooling-off period.

The good news is that your spouse can’t easily dispute the divorce just because they don't agree with it, so this step helps ensure things keep moving.

Encourage Cooperation When Possible

Sometimes, simply communicating can go a long way. If you can, give your spouse a heads-up that you're planning to file for divorce, this can help reduce any shock or resistance. You should also make sure you have their correct contact details to avoid delays due to lost paperwork.

Divorce is often emotional, so if your spouse is dragging things out, it might be worth having a conversation with them to see if there's a reason for the delay.

Consider Mediation

Mediation allows both of you to work through issues in a more structured, less confrontational environment. It can also help you stay in control of any agreement you reach, which might encourage your spouse to cooperate more willingly.

Handle Uncooperative Behaviour

If your spouse continues to be unresponsive and you believe the delay is unreasonable by not responding to the divorce petition you've sent, you can arrange for a process server to deliver the documents in person.

The process servers will then provide a formal witness statement confirming that the papers have been served. This proof allows you to request the court to recognise ‘deemed service,’ which means the proceedings can continue even if your spouse hasn't completed the ‘Acknowledgement of Service’.

The court also has the power to order your uncooperative spouse to cover any extra costs that arise due to their non-compliance.

How Can Gavin Edmondson Help?

At Gavin Edmondson, we understand the emotional and financial strain divorce delays can cause and we’re here to support you through these difficult times.

Our experienced solicitors are committed to understanding your unique situation and helping you move through the divorce process as smoothly as possible, ensuring your rights and interests are protected.