A spouse can no longer drag out the divorce itself. Since no-fault divorce came in on 6 April 2022 the divorce follows a fixed timetable that one person cannot block or contest. The divorce takes a minimum of around seven months. What a spouse can still delay is the financial settlement. That is a separate process. This guide explains the timeline. It shows what can and cannot be slowed down. It explains what to do if your ex is dragging out the finances.
Can a spouse stop or delay the divorce itself?
No. A spouse cannot stop the divorce and has almost no way to delay it. The Divorce Dissolution and Separation Act 2020 removed the ability to contest a divorce. You no longer have to prove fault. One person simply states that the marriage has broken down and the court accepts that. The other person cannot argue against it except on narrow technical grounds such as the court having no jurisdiction.
This was the main reason for no-fault divorce. It ended the tactic of defending a divorce to delay or pressure the other person.
How long does a no-fault divorce take?
A no-fault divorce takes a minimum of around 26 to 30 weeks. The timetable has two fixed waiting periods.
The first is a 20 week period. This runs from the start of the application to the point where you can apply for the conditional order. It is a reflection period built into the law.
The second is a 6 week period. This runs from the conditional order to the point where you can apply for the final order. The final order ends the marriage.
So the law sets a floor of about seven months even where both people fully agree. In practice it often takes longer because most couples sort out the finances before they apply for the final order.
What can a spouse actually drag out?
A spouse can drag out the money. The divorce and the financial settlement are two separate things. The divorce ends the marriage. The financial settlement divides the assets income and pensions. The fixed timetable applies to the divorce. It does not apply to the finances.
This is where delay happens. A spouse who wants to be difficult cannot stop the divorce. They can slow down the financial side. That is the real battleground.
How do people delay the financial settlement?
Delay in the finances usually takes a few forms. A spouse may refuse to give full financial disclosure. They may answer questions slowly or incompletely. They may drag out negotiations or ignore reasonable offers. They may hide or move assets.
None of this stops you reaching a settlement. It just makes it slower and more expensive. The court has tools to deal with it.
What can you do if your ex is dragging out the finances?
You can apply to the court for a financial remedy. This puts the dispute on a fixed court timetable that your ex cannot ignore. The court sets dates for disclosure for a first appointment and for a Financial Dispute Resolution hearing. Missing those dates has consequences.
The court can penalise a spouse who behaves badly. It can order them to pay costs. It can draw adverse inferences where someone hides assets which means it can assume the assets are there. Faster routes also exist. Mediation or arbitration can resolve the finances in a fraction of the time of a contested court case.
Should you delay the final order on purpose?
Sometimes yes. It can be wise to delay your own application for the final order until the finances are settled. The reason is protection. Ending the marriage before the financial order is in place can affect pension and death benefits. If a spouse dies after the final order but before the financial settlement the survivor can lose valuable rights. For this reason solicitors often advise holding the final order until the financial order is sealed. This is a deliberate and sensible delay rather than a tactic.
Key takeaways
- A spouse cannot contest or block a no-fault divorce.
- The divorce takes a minimum of around 26 to 30 weeks because of two fixed waiting periods.
- A 20 week period runs to the conditional order and a 6 week period runs to the final order.
- A spouse can still delay the financial settlement which is a separate process.
- Applying to court for a financial remedy puts the finances on a fixed timetable with costs sanctions for delay.
- It is often wise to delay the final order until the financial order is sealed to protect pension and death benefits.
Frequently asked questions
Can my spouse stop our divorce? No. Since no-fault divorce a spouse cannot contest or block the divorce except on narrow technical grounds such as jurisdiction.
How long does a divorce take in England and Wales? A no-fault divorce takes a minimum of around 26 to 30 weeks. There is a 20 week wait to the conditional order and a 6 week wait to the final order.
What can a spouse actually delay? The financial settlement. The divorce follows a fixed timetable, but the division of money and pensions is a separate process that a spouse can slow down.
What can I do if my ex is dragging out the finances? Apply to the court for a financial remedy. This sets a fixed timetable, and the court can impose costs and draw inferences against a spouse who hides assets or delays.
Should I delay the final order? Often yes. It can protect pension and death benefits to wait until the financial order is sealed before applying for the final order.