Divorcing couples are seeing their divorce proceedings delayed by disputes over finances and growing concerns about financial disclosures.
In the UK there are now 1.4 million searches for information relating to divorce every month. Some of this, it is believed, could be linked to the reporting on several high profile celebrity divorces, most notably Pep Guardiola’s which saw an instant 4,000% spike in searches around his alleged use of the one couple/one lawyer approach. However, it is more likely people are looking to pursue the mythical ‘quickie divorce’ that has now crept into common parlance because of the introduction of ‘no fault divorce’ in April 2022.
What is ‘no-fault’ divorce?
The ‘no fault’ divorce system was designed to allow couples to end their marriage without assigning blame to either party. As a result, there is now no need to prove wrongdoing like adultery or unreasonable behaviour. Also, as couples can apply together, it is hoped ‘no fault’ divorce has made the process more amicable and less hostile.
From a legal perspective the language involved has been simplified. Terms like ‘decree nisi’ and ‘decree absolute’ were replaced with ‘conditional order’ and ‘final order’.
With regards to timing, ‘no fault’ divorce brought in a 20-week reflection period that now sits between filing for divorce and the conditional order being granted. This mandatory waiting period is one of the key reasons why ‘quickie divorce’ is a myth.
Why ‘quickie divorce’ is a myth in the UK?
As we’ve said, there is more and more talk of ‘quickie divorce’ but does it even exist? In short, no! There is no legal ‘quickie divorce’ in the UK. Under the law in England and Wales, even the fastest, most amicable divorces must take at least 26 weeks (approximately six months) from start to finish.
Firstly there is the aforementioned mandatory waiting period. Under the Divorce, Dissolution and Separation Act 2020, there must be a minimum 20-week ‘cooling-off’ period between filing and the Conditional Order. This is followed by a further six-week wait before the Final Order (previously known as the ‘decree absolute’) can be granted.
Some of the confusion has been caused by the media. However, when the newspapers claim celebrities’ divorces have been concluded in seconds, they are only referring to the announcement of the Conditional Order at court which is just one of the steps, not the entire divorce process.
Some law firms have also contributed to the confusions by advertising quick divorces for a low fixed fees. However, what they are fast tracking is the legal paperwork, they can still not circumvent the mandatory 26 week waiting time.
Minimising the risk of additional delays in the divorce process
While there is no way around the 26 week timescale, there are things couples can do to minimise further delays.
Although it may sound simple, the first thing we would recommend is to pay close and careful attention to the completion of the required paperwork. Submitting incomplete paperwork – for example, the D8 form (the initial application for a divorce or dissolution) – will prevent the proceedings from starting let alone progressing.
However, most of the disagreements that can protract a divorce involve child arrangements and/or finances. These aren’t issues that will be resolved by the divorce alone; they often require separate consent orders as well as specialist legal advice.
The main thing is to begin by getting all the necessary documentation together at the very start of the divorce process. This includes your marriage certificate, a complete D8 form, and with the eventual financial arrangements in mind, bank and pension statements and property agreements.
Where children are involved, sorting out mutually acceptable custody arrangements that satisfy the children’s best interests can significantly delay proceedings. This will require careful negotiation but the negotiation will be more effective is you come to the table having considered:
- The need to adhere to the ‘Best Interests Principle’. In the UK family courts will always prioritise the child’s welfare, emotional and physical well-being, continuity, and security. This has to be first and foremost during any negotiation.
- Your children’s preferences, noting that these may change over time as they grow older.
- What type of custody arrangements you think would be best, sole residency or joint residency.
- The potential of using mediation to avoid ongoing court battles.
You should also be aware that if you can’t agree on your child arrangements, the decision may be taken out of your hands. The courts could issue a Child Arrangements Order, a legally binding order that will specify living arrangements and visitation rights.
How can you minimise the risk of disputes over finances causing delays during your divorce?
Reaching a financial settlement in a divorce can be one of the most emotionally and legally complex elements. It is also the part that is most likely to delay the divorce process. The good news is, there are ways to make it easier and reduce delays, stress, and costs.
Obviously the right approach on the specific circumstances surrounding the divorce but here is some very general advice that we hope will be helpful:
- Aim for a ‘clean break. If it’s possible, a consent order for a clean break will end all financial ties (including future claims). If there are no children involved or there’s no need for ongoing spousal support, this can be ideal.
- Complete the Form E fully and honestly at the first attempt. Include complete details regarding income, property value, pensions, debts and savings. Even if you’re amicable, doing this in writing will help avoids misunderstandings later. Just as importantly, incomplete disclosure is not only the leading cause of delays but it will also invalidate any agreements.
- Try mediation before going to court. Family mediation is almost always a cheaper, faster, less hostile way to reach an agreement on financial matters. The results of your mediation sessions will then be drafted as a consent order based on what you agreed which will make the terms legally binding.
- Consider pension sharing early. Pensions are still all too often overlooked but they can be a high value asset. Please note you may need actuarial advice to value and divide pensions fairly and more specialist legal advice to judge whether it is best to pay each share as a lump sum or offset the value against other assets like property.
If you are involved in a divorce that has been or has the potential to be held up because of disputes over finances or child arrangements and you would like to discuss how best to get proceedings back on track with one of our experienced family barristers, please contact us today