Swift Divorce Process: Common Impasses and Strategies to Skip Time-Consuming Disputes
Let's face it, a modern divorce ain't no walk in the park, even if it's a 'no fault' one. The fastest you can expect is around seven months from when you file the divorce application... but don't hold your breath! This is if everything goes smoothly, which it rarely does.
Divorce disputes mainly revolve around money matters, but other roadblocks include court delays, agreement on child care arrangements, errors in paperwork, and even changing lawyers during the process. In fact, there's an estimated 1.4 million internet searches for 'divorce' every month, but only about 80,000 actually go through with it each year, according to Weightmans.
The reason for the slow pace? Financial settlements. Yep, settling your assets is like the cherry on top of a divine ice cream sundae—except in this case, it's the last thing you want to deal with. These usually happen in parallel with the divorce process, but it's not a good idea to finalize your divorce until you've reached a financial settlement. Why? Well, if one spouse dies or gets remarried before the financial issues are sorted, complications can arise.
Break-ups ain't cheap, neither are they quick. At its quickest, a divorce will take around seven months from the filing of the divorce application to the Final Order. But for both the divorce and financial matters to be concluded amicably, expect it to take around eight to nine months—or even longer if there's a disagreement over financial aspects. In that case, you're looking at around 10 to 18 months.
So, what causes those delays? Usually, disputes over finances or children, court delays, incomplete paperwork, and changes in lawyers. Weightmans advises addressing financial arrangements first to avoid common causes of delay like disclosure issues, disputes regarding property, pensions, or maintenance. Other potential delays may stem from court backlogs, a change of lawyers by either party, or particularly complex financial circumstances.
Sorting out the finances is often the biggest sticking point. If a couple can't agree on dividing their assets, especially the most valuable things like property and pensions, it can really slow things down. In such cases, they often end up going to court or using a mediator or another form of alternative dispute resolution to reach an agreement because it's standard practice to delay finalizing the divorce until the financial matters have been resolved.
Now, if you've got some extra cash burning a hole in your pocket, you might consider hiring a private judge to speed up the financial settlement process. This involves a hearing set up by you and your soon-to-be-ex, where a hired judge, usually a barrister or retired judge, gives you an idea of how a court would probably rule in your case. The couple then usually reaches a Financial Dispute Resolution, which becomes a financial settlement that still needs to be ratified by the court, but that stage is typically handled over email. The cost varies widely, but hearings can be arranged quickly, avoiding long delays in the family court and publicity under new transparency rules.
Tips for a Quick Divorce:
- Get Your Documents in Order: Prepare for the divorce proceedings by having your marriage certificate, filling out the required D8 form, and starting to think about financial arrangements by gathering together information such as property agreements and bank statements.
- Emotional Preparation: Be aware that dealing with a divorce can be emotionally draining. Seek support from a therapist, close friends, or family members to help you navigate through this tough time.
- Seek Expert Advice: Consult with a lawyer before you start divorce proceedings so they can prepare you for the process, explain timelines, forms, and the actual proceedings themselves.
- Know Your Outcomes: Know what you want ahead of the proceedings. Being clear about your goals can help move things along more smoothly.
Financial arrangements are often the largest obstacle in a divorce, with disputes surrounding property, pensions, and other assets frequently causing delays. Seeking expert advice on these matters, such as from a financial advisor or lawyer, can help streamline the process and avoid potential complications that may arise if one spouse dies or remarries before the financial issues are resolved.
