How quickly can you get a divorce? Common snags and how to avoid time consuming disputes

A modern 'no fault' divorce takes a minimum of 26 weeks but they often drag on much longer, say lawyers.

Disputes over money are the most common sticking point, but others include delays in the court process, agreeing child care arrangements, holes in paperwork, and changing solicitors during the process.

There are 1.4million internet searches a month for 'divorce' but around 80k take place a year according to the most recent official data, says law firm Weightmans.

'All legal divorces are subject to the same minimum timeframe of 26 weeks,' it explains.

'Mainly it can take longer because of the time needed to resolve disputes over finances. It can be extremely important not to finalise your divorce until a financial settlement is reached.'

Financial settlements are usually worked out in parallel with the divorce process, and although they can be concluded afterwards it is not recommended.

This is because complications can arise if one spouse dies, or gets remarried, before money issues are finalised.

'At its quickest, a divorce will take around seven months from the issuing of a divorce application through to a Final Order,' says James Osborne, a partner in the family team at HCR Law.

'For both divorce and financial matters to be concluded amicably, the norm is nearer to eight to nine months.

'If there's a disagreement over the financial aspect, the timeframe is usually around 10 to 18 months.'

The most common delays involve disputes over finances or children, according to Weightmans.

Court delays can also cause problems, and so can incomplete paperwork, it adds.

'For example, the initial application for a divorce or dissolution, the D8 form, must be properly completed before proceedings can start.'

'It’s important to be aware that whether you apply for a divorce on your own or as part of a joint application, the process will still be expected to take the same amount of time.'

Weightmans says family law solicitors recommend that financial arrangements are addressed first, to avoid common causes of delay like disclosure issues, and disputes regarding property, pensions, or maintenance.

'Other potential delays may stem from court backlogs, a change of solicitors by either party, or particularly complex financial circumstances.'

James Osborne of HCR Law says: 'Sorting out the finances is often the biggest sticking point.

'If a couple are unable to agree on how to divide their assets, particularly the most valuable things such as property and pensions, it can really slow things down.

'Often, they will end up going to court or using a mediator or another form of alternative dispute resolution to reach an agreement because it is standard practice to delay finalising the divorce until the financial matters have been resolved.'

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Weightmans offers the following tips.

- Get your documents in order to prepare for the divorce proceedings.

This can include your marriage certificate, filling in the required D8 form, and starting to think about financial arrangements by gathering together information such as property agreements and bank statements.

- Make sure you’re prepared emotionally for the proceedings. If you’re able to, seek advice from a therapist, close friendship group, or family members to make sure you have the support to navigate the coming months if you feel it necessary.

- Seek expert advice from a lawyer before you start divorce proceedings so they can prepare you for the process, explain timelines, forms, and the actual proceedings themselves.

- Know what outcomes you want ahead of the proceedings.

Osborne adds: 'Getting advice from a solicitor as soon as you separate, being open and prompt when sharing financial information, and agreeing as early as possible on key issues such as who gets the family home can all help to make the process quicker and less stressful.'

Meanwhile, divorcing couples who can afford it are increasingly turning to private judges to reach quick and confidential financial settlements.

This involves a hearing set up by the spouses where a hired judge - usually a barrister or retired judge - gives them an indication of how a court would probably rule in their case.

The couple generally then reach 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, from £2,000 for a straightforward hearing to £10,000 for a complex case with an experienced judge.

But lawyers say hearings can be arranged quickly, avoiding long delays in the family court, and publicity under new transparency rules.