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If you’re worried that your divorce is taking far too long, you’re not alone. While the no-fault divorce process in England and Wales streamlines many aspects of ending a marriage, there are still ways a spouse can drag things out. In this blog, we’ll explore the typical divorce timeline, how one party can stall proceedings, and why it’s vital to always finalise your financial settlement—even if reaching an agreement seems difficult.


Typical Divorce Timeline (No-Fault)

Below is a general overview of how the divorce process flows under the no-fault system. In an ideal scenario, this can take around six to seven months (usually excluding financial matters). However, if your spouse chooses to be uncooperative, it may last significantly longer.

StageWhat HappensTypical Duration
1. Divorce ApplicationYou submit a no-fault divorce application (sole or joint) once you’ve been married for at least one year.Immediately (once you meet eligibility)
2. Acknowledgement of ServiceThe other party (respondent) is notified and has two weeks to confirm receipt.2 weeks
3. 20-Week Cooling-Off PeriodA mandatory period allows both parties time to reflect or discuss financial and child arrangements.20 weeks
4. Apply for Conditional OrderAfter 20 weeks, you apply for a Conditional Order, confirming the court sees no reason the divorce cannot proceed.Varies; depends on court scheduling
5. Six-Week Waiting PeriodYou must wait six weeks and one day after the Conditional Order before applying for the Final Order.6 weeks + 1 day
6. Final OrderOnce granted, the marriage is officially dissolved (previously called “Decree Absolute”).Varies; depends on court processing

Note: Even if you complete this timeline swiftly, any financial or child-related disputes can cause further delays, sometimes stretching the process well beyond a year.


Ways a Spouse Can Delay a Divorce

  1. Ignoring or Refusing to Sign Papers
    Your spouse may stall by failing to acknowledge receipt of the divorce application. You might need to use a process server or apply to the court for alternative service, which can add months to the process.
  2. Financial Disclosure Delays
    One of the most frequent bottlenecks involves finances. If your spouse avoids handing over documents such as bank statements, pension valuations, or property information, you could face lengthy disputes or court orders to force disclosure.
  3. Child Arrangements and Parental Disputes
    Child arrangements or contact issues often become emotional and time-consuming. Repeated mediation sessions or court appearances can significantly prolong finalising your divorce.
  4. Non-Attendance at Court Hearings
    If your spouse repeatedly misses court deadlines, you’ll need to reschedule or request court orders, dragging out the timeline indefinitely.
  5. Appeals
    Even under no-fault divorce, disagreements over finances or child arrangements might lead one party to appeal a court’s decision, adding further delay.

Real Life Example: Never Abandon Your Financial Settlement

Consider the case of David and Sarah:

  • They were married for 15 years but decided to separate.
  • Although they began divorce proceedings, Sarah refused to agree on any financial settlement because she felt the offers were inadequate.
  • Frustrated, David let the financial side slide after the marriage was legally ended and assumed the worst was behind him.
  • However, over the next ten years, David’s pension grew substantially.
  • Sarah then resurfaced, making a fresh claim on that new pension growth.
  • Had David secured a court-approved financial order at the time of divorce, Sarah would not have been able to claim a share of his later pension accruals.
  • David needed a clean break on separation but he never got divorced or obtained a financial order leaving Sarah open to make a claim.

Moral of the story: It’s crucial not to overlook your financial arrangements. A Final Order (formerly “Decree Absolute”) ends the marriage, but only a financial order ensures clarity and protection from future claims. Also, beware of the “Elephant Trap” of re-marriage which we discuss in another blog.


Why You Should Secure a Financial Order

  • Prevent Future Claims: Unless you have a clean break or fully resolved settlement, your ex can return for more, even many years later.
  • Financial Security: Tying up loose ends now saves both parties from uncertainty down the line.
  • Cost Efficiency: Resolving matters as soon as possible often costs far less than drawn-out disputes.
  • Peace of Mind: A court-sealed agreement lets you move on confidently, without lingering financial threats.

Tips to Stop Your Spouse from Dragging Out a Divorce

  1. File for Divorce First
    Taking the initiative means you set the pace and are less vulnerable to your spouse’s stalling tactics.
  2. Gather Documents Early
    Have key financial papers ready. Proactive disclosure shows you’re serious and eliminates excuses for delay.
  3. Encourage Mediation
    Mediation can be quicker and less hostile than drawn-out court battles, keeping costs lower and timelines shorter, it it is successful.
  4. Seek Court Intervention
    If mediation fails, starting court proceedings for a financial or child arrangements order can compel your spouse to co-operate. The court sets deadlines they must follow.
  5. Consider Costs Orders
    If your spouse’s deliberate delays incur extra legal expenses, you could request that the court order them to pay some or all of your legal costs.

Frequently Asked Questions

1. Can my spouse stop the divorce altogether?
No. Under no-fault divorce, a spouse cannot simply refuse a divorce. They may slow it down, but they can’t block it permanently unless there’s a valid reason (for example, disputing the validity of the marriage itself).

2. How long can a spouse realistically delay a divorce?
A straightforward divorce might finish in six to seven months, but a spouse refusing to engage or complicating finances can extend it to well over a year—or even several years if issues remain unresolved.

3. Why is a financial order so important?
Only a legally binding financial remedy order (often called a consent order if agreed amicably) prevents your ex-spouse from making further claims on future earnings, pensions, or inheritances.

4. What if I don’t know my spouse’s address?
You can apply for substituted or deemed service, allowing alternative ways of notifying your spouse of the divorce (for example, by email or a process server).


Final Thoughts

A divorce delayed is more than just an inconvenience, unresolved financial matters can come back to haunt you when you least expect it. By understanding the typical timeline, recognising the ways your spouse can prolong proceedings, and taking proactive steps (including securing a financial order), you’ll be far better placed to move on with your life.

If you’re facing delays, don’t give up. With the right support and a clear approach, you can minimise stalling tactics, finalise your divorce, and safeguard your financial interests for the long term.

Finally, always obtain independent legal advice from a specialist family Solicitor when facing this issue.