How long can a spouse drag out a divorce in the UK? =================================================== Divorce is often an emotionally intense period and can be one of the most challenging experiences in a person's life. The process can become particularly complicated if you and your spouse are not in agreement, which can cause additional delay. Overall, the timeline for a divorce in the UK can vary significantly based on the unique details of each case. However, if you are concerned that your spouse may attempt to unnecessarily drag out your divorce, it is important to note that under the current law, opportunities to intentionally cause delay are now more limited. **If you are considering or going through a divorce and your spouse is delaying the process, we can help. Click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK MY FREE CONSULTATION](https://vardags.com/contact "BOOK MY FREE CONSULTATION") Fortunately, under the new and widely welcomed [no-fault divorce law](https://vardags.com/law-guide/basic-principles/no-fault-divorce), spouses can divorce without assigning blame, promoting a quicker path to divorce. Not only this, but the new law has removed the ability to contest a divorce, and the sole ground for divorce is now the irretrievable breakdown of the marriage. Divorce may now only be disputed based on jurisdiction or the validity of the marriage. As a result, there is less scope for spouses to drag out divorce. How long your divorce will take to finalise depends on various factors, but it is important to be aware of the mandatory waiting periods which form part of the divorce process. The new divorce law has established a mandatory wait of 26 weeks from the time of applying for a divorce to being able to obtain a final divorce order, designed to give spouses time to consider their decision and if possible, agree on matters such as a financial settlement and child arrangements, without the pressure of a rushed timeline. Unfortunately, there are some ways in which the divorce process can drag out past the 26-week period, which will be explored below: ### Financial settlements Finances are one of the most common reasons for delays in the divorce process and often push the divorce timespan to much longer than 26 weeks. The division of matrimonial assets, and debts, can be highly complex. Furthermore, agreeing how such assets should be shared is often difficult. When parties cannot reach an agreement, mediation, solicitor negotiation, or a court order may be required. Even where parties can reach an amicable agreement between themselves, divorce proceedings may take longer if complex wealth and asset structures are involved. In such divorces, expert evidence may need to be sought to obtain an accurate valuation of the assets, which may contribute to a delay in finalizing the divorce. Furthermore, both parties are expected to provide [full and frank disclosure](https://vardags.com/law-guide/basic-principles/non-disclosure) of their assets. Failure to do so will often delay divorce proceedings, as the tracing and uncovering of hidden assets can be extremely difficult and time consuming. The family courts in the UK are also facing significant backlog, exacerbated by the Covid-19 pandemic. Therefore, how busy your local family court is will also affect how long it takes for your divorce to be finalised. Couples are increasingly opting for [private hearings](https://vardags.com/law-guide/financial-proceedings/guide-to-private-financial-dispute-resolutions) to avoid court delays. Although financial remedy proceedings are separate and distinct from divorce proceedings (and it is entirely possible for a divorce to be finalised without the financial position on divorce having yet been resolved), the standard practice is to wait until the financial remedy proceedings have concluded before finalising the divorce (namely, obtaining a final divorce order). ### Matters involving children Another common reason for prolonged divorce proceedings is disagreement over matters pertaining to children. Upon separation or divorce, spouses will usually need to determine issues such as where the children will live, how parental responsibilities will be shared, and the financial aspect of meeting the children's needs. If parents cannot come to an agreement themselves, a court order may be needed. The length of the proceedings will depend on the complexity of the situation; however, it is not unusual for cases to take over six months. Like with financial remedy proceedings, disputes concerning children are also affected by the backlogs faced in the family court. Due to this, parents are increasingly turning to [private hearings](http://Like%20with%20financial%20remedy%20proceedings,%20disputes%20concerning%20children%20are%20also%20affected%20by%20the%20backlogs%20faced%20in%20the%20family%20court.%20Due%20to%20this,%20parents%20are%20increasingly%20turning%20to%20private%20hearings.). Where children are involved, divorces can be even more emotionally challenging. Given that even the most amicable of children matters can take a significant amount of time, it is important that both parties do what they can to ensure that proceedings are not unnecessarily delayed, to mitigate any negative impact on the children involved. However, as children proceedings are separate from divorce proceedings, they do not act as a bar to a party wishing to obtain a final divorce order (provided the minimum stipulated timeframes for a divorce have been complied with). ### Lack of cooperation Unfortunately, some spouses deliberately extend the divorce process by being unresponsive or using tactics to delay proceedings. This can significantly prolong the divorce process. In England and Wales, a party must be notified when their spouse has filed for divorce. If divorce proceedings are initiated by one party, their spouse will be sent a copy of their divorce application (either via the court or via solicitors if solicitor service has been elected), and they must respond within 14 days. If they fail to respond within this time, divorce proceedings may continue if the court determines that the application was received (service may be deemed). A common tactic for those attempting to frustrate or delay divorce proceedings, is to claim they did not receive the application. However, solicitors may arrange for a process server to deliver the papers to them personally to provide proof of receipt or a party may ask for a court bailiff to personally serve the papers and may subsequently seek to claim the costs of having to do so from the other spouse. Parties may also employ various tactics to delay financial remedy proceedings, which can be incredibly frustrating for their spouse and anyone else involved and it can have a knock-on effect for the parallel divorce proceedings. However, there is action that the court can take against the non-complying spouse to punish and discourage this behaviour, as discussed below. ### The consequences of intentionally delaying divorce proceedings A party may intentionally delay or drag out divorce and financial remedy proceedings for various reasons. They may not wish to divorce, they may be attempting to hide or dissipate their assets, or they may want to cause their spouse emotional distress. However, there are various consequences for those who engage in this behaviour, such as: 1. **Costs orders**: where a party is found to have intentionally frustrated or delayed divorce or financial remedy proceedings, they may be ordered to pay their spouse's legal costs 2. **Adverse inferences**: if parties fail to provide full disclosure of their assets, the court may infer that they have more financial resources than they have disclosed and order them to pay a sum more than they allege to be able to afford 3. **Hadkinson orders**: if a party breaches a court order, a Hadkinson order can prevent them from making other applications to the court and from being heard in proceedings before the existing court order is complied with 4. **Contempt of court**: if a party's behaviour impedes or prejudices financial remedy proceedings, e.g. by making false statements, hiding assets, or ignoring court orders, they may be found in contempt of court and fined and/or imprisoned (imprisonment will be a last resort) *Vardags' team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses. We fight to deliver the results our clients need by adopting an innovative, solution-driven approach. With almost two decades of experience handling complex divorces and family law issues, we understand the importance of having the right lawyers by your side.* *If you think you need our help, don't delay. Contact Vardags today.* About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... 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