How to Speed Up Your Divorce and Avoid Delays
Divorce in the UK should be a straightforward process, but in reality, delays; whether intentional or due to court backlogs; can stretch the timeline far beyond expectations. On average, it takes 69 weeks from filing for divorce to receiving the final order (decree absolute), meaning many couples face over a year of uncertainty and frustration.
So, how long can a spouse drag out a divorce? And, more importantly, how can you stop delays before they happen?
How Do Divorce Delays Happen?
The UK Family Law Market Trends Report 2024 highlights some key reasons why divorce proceedings often take longer than expected:
- Overloaded Family Courts – The mean average time from petition to decree absolute/final order rose to 69 weeks.
- Procedural Tactics – A reluctant spouse can ignore paperwork, miss deadlines, or drag out financial disputes, making the process last much longer than necessary.
- No More Mandatory Mediation – While mediation was scrapped as a legal requirement, new Family Procedure Rule changes now strongly encourage Alternative Dispute Resolution (ADR) to help ease pressure on courts.
- Jurisdiction Battles – London remains the divorce capital of the world, with many high-net-worth couples fighting over which country should handle their divorce. The Supreme Court ruling in Potanin v Potanina reinforced that even those who divorce abroad can still apply for financial provision in England if they have strong UK ties.
- Refusal to Engage in Financial Settlements – Leaving financial matters unresolved can lead to long-term legal risk, and some ex-spouses use this as a stalling tactic.
- Delays in Child Arrangements – If one parent refuses to engage in discussions regarding children, this can cause further emotional and legal complications.
While mediation is no longer a mandatory requirement in family law proceedings, recent changes to the Family Procedure Rules state that divorcing couples must show they have considered alternatives like mediation or arbitration before going to court. This change aims to reduce delays and legal costs while easing pressure on the courts. If your spouse refuses Alternative Dispute Resolution without a good reason, it could affect your case. WhatWouldAJudgeSay.com offers a judge-led assessment in 6 weeks, helping couples reach agreements without court battles.
What If My Spouse Ignores the Divorce Application?
Once your divorce application is processed, the court sends it to your spouse via post or email, requiring them to acknowledge receipt. If they ignore it, you must provide proof that they have received it.
There are things you can do through:
– Personal service (a process server handing them the documents).
– Proof of delivery, such as a signed-for letter.
– Court-ordered contact tracing via the Department for Work and Pensions.
As long as you can prove your ex has received the paperwork, the divorce can proceed without their cooperation.
The Pre-Action Protocol: A Push for Faster Settlements
The Pre-Action Protocol for Financial Remedy Applications, updated on 31 May 2024, now places even greater importance on Non-Court Dispute Resolution (NCDR). It encourages:
- Quick and fair resolutions rather than drawn-out legal battles.
- Early financial disclosure to avoid unnecessary court involvement.
- Proportional legal costs, preventing unnecessary legal expenses.
This aligns perfectly with WhatWouldAJudgeSay.com, as our judge-led assessments provide early legal clarity on financial settlements—helping couples avoid court delays altogether.
Read more on the official guidance.
What If My Spouse Ignores Financial Negotiations & Divorce papers?
Avoiding financial settlement doesn’t mean financial ties are cut; it just leaves the door open for future claims.
If your ex refuses to engage in financial discussions, you can:
– Apply for a financial order through the court.
– Provide evidence that they have had an opportunity to engage.
What if they refuse financial disclosure?
If your ex fails to disclose their finances:
- The court can make assumptions about their wealth and rule accordingly.
- They may be ordered to pay legal costs for delaying proceedings.
- Persistent non-compliance could lead to fines or imprisonment for contempt of court.
Can I Go Straight to Court If My Ex Won’t Engage?
Not immediately. You must first consider mediation by attending a Mediation Information and Assessment Meeting (MIAM).
Key points about MIAM:
- Only the applicant (you) must attend
- Your ex is not required to attend, but their refusal may be noted in court.
- A mediator may help persuade them to engage; if not, you can move forward with court proceedings.
What If My Ex Won’t Engage in Child Arrangements?
Parents are encouraged to agree on child arrangements outside of court, but if your ex refuses to engage:
- Mediation is an option, but they cannot be forced to participate.
- The court can intervene, but this should be a last resort.
Even with a court order, the court is unlikely to force an unwilling parent to have contact; this is generally seen as not being in the child’s best interests.
How to speed up divorce and beat the delays
Instead of being trapped in a 69-week waiting game, our service provides a judge-led assessment of how assets would be divided; guaranteed within 6 weeks.
- No unnecessary disputes – Get a clear, judge-backed decision so both parties know what’s fair.
- Avoid legal delays – When you know what a judge would say, there’s little reason for an ex to contest it.
- Move forward faster – Skip the court backlog and settle without unnecessary stress.
For more on UK divorce timelines, read our guide: Why Early Evaluation in Divorce matters
Want to avoid costly legal battles? Discover our fixed-fee service: Judge-Led Divorce Assessment
Need Help?
Tired of waiting months or years for your divorce to finalise? Our judge-led assessment guarantees clarity on your financial settlement within 6 weeks; no court delays, no uncertainty.
Try our free assessment guide today to take control of your divorce. It’s designed to help you prepare and organise all your information securely in one place.
Feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com or use get started to share your unique situation.