One of the most common questions asked at the beginning of a divorce matter is:
“How long will the divorce take?”
There is no single fixed answer.
The timeframe depends principally on:
- whether both spouses agree to divorce;
- whether the terms are already settled;
- whether there are disputes over children or matrimonial assets;
- whether Marriage Tribunal proceedings are required;
- the court’s schedule; and
- how quickly the parties comply with procedural requirements.
A Joint Divorce Petition is generally much quicker and more predictable than a contested single petition.
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How Long Does a Joint Divorce Petition Take?
Where both spouses agree to divorce and have already settled the relevant terms, the matter can generally progress more efficiently.
The process usually includes:
- confirming the agreed divorce terms;
- preparing and signing the cause papers;
- filing the petition;
- obtaining a hearing date;
- attending the hearing;
- processing the court orders; and
- completing the relevant JPN follow-up.
A straightforward joint petition may often be completed within several months, but the actual timeframe depends on the court’s hearing schedule and post-hearing processing.
What Makes a Joint Divorce Faster?
The biggest factor is agreement.
If both spouses have already agreed on:
- divorce;
- children;
- maintenance;
- property;
- outstanding loans; and
- all other material terms,
the solicitor can prepare the cause papers without prolonged negotiations.
Learn more about Joint Divorce Petitions
How Long Does a Single or Contested Divorce Take?
A single petition can take substantially longer.
This is because the case may involve:
- Marriage Tribunal proceedings;
- service of court documents;
- disputed allegations;
- case management;
- affidavits;
- interlocutory applications;
- discovery or disclosure;
- expert evidence;
- witnesses;
- negotiations;
- trial; and
- further applications after judgment.
A heavily contested case can therefore take well beyond a year.
The exact duration depends entirely on the issues and the progress of the case.
Does Marriage Tribunal Add Time?
Yes.
Where one spouse does not agree to divorce and no exemption applies, Marriage Tribunal proceedings may be required before a single divorce petition proceeds.
JPN currently states that Marriage Tribunal proceedings apply in cases where one spouse does not agree to divorce, subject to listed circumstances where referral is unnecessary.
The duration of this stage depends on the tribunal process and attendance of the parties.
What Factors Commonly Delay Divorce?
1. Disagreement Between the Spouses
The greater the disagreement, the more likely the matter is to require further negotiation or court determination.
2. Disputes Over Children
Issues involving:
- guardianship;
- custody;
- access;
- children’s maintenance; and
- welfare arrangements,
can significantly extend proceedings.
3. Matrimonial Property Disputes
Property disputes may require:
- title searches;
- loan information;
- valuations;
- financial disclosure;
- tracing of ownership;
- negotiations; and
- evidence at trial.
4. Difficulty Serving the Other Spouse
If the respondent cannot easily be located or served, additional procedural steps may be necessary.
5. Court Scheduling
Court dates depend on availability and caseload.
6. Incomplete Documents
Missing marriage certificates, property records, children’s documents or financial records can also slow preparation.
7. Changes in Instructions
Where parties initially agree but later reopen terms, the documents may need to be revised.
Can a Divorce Be “Fast-Tracked”?
There is no universal fast-track route that guarantees completion within a particular number of days.
Where both parties agree, the best way to reduce avoidable delay is usually to:
- settle the terms early;
- provide complete documents;
- respond promptly;
- sign documents without unnecessary delay; and
- avoid reopening matters that have already been agreed.
The court’s timetable remains outside the parties’ control.
What About the Period Between the Initial and Final Divorce Orders?
The court process includes statutory procedural requirements concerning when the decree becomes absolute.
How Long Does JPN Updating Take?
The JPN updating stage occurs after the necessary court documentation has been obtained.
The administrative timeframe can vary.
Frequently Asked Questions
Can a joint divorce be completed in one month?
You should not assume so. Even where the matter is straightforward, the filing, hearing and post-hearing stages depend on the court’s schedule.
Is a joint divorce always faster?
Generally yes, because the parties have already resolved the material issues.
Why does a contested divorce take so long?
Because the court may need to decide issues the parties cannot resolve themselves.
Can cooperation reduce the timeframe?
Yes. Cooperation can reduce avoidable delay, although it cannot control the court’s calendar.
Does having children automatically make divorce slower?
Not necessarily. If all arrangements concerning the children are already agreed, a joint petition can still proceed straightforwardly.
Does having property automatically make the case contested?
No. The important question is whether both spouses agree how the property is to be dealt with.
Does Marriage Tribunal apply to every divorce?
No. There are several situations where tribunal reference is unnecessary, including mutual-consent divorce.
Considering Divorce?
If both parties agree to divorce and have settled all relevant terms, a joint petition may offer the more straightforward route.
Read about Joint Divorce Petitions
Speak to Our Divorce & Family Law Team
Every divorce involves different personal, financial and family circumstances.
TEH & YU assists with non-Muslim divorce and family law matters, including joint petitions, single petitions, annulment of marriages, child arrangements, maintenance, matrimonial property and recognition of foreign divorce orders.
This article is provided for general informational purposes only and does not constitute legal advice.