Frequently Asked Questions
In theory, even with the self-imposed periods of reflection between the different stages of the divorce, it should be a more streamlined process, but this will entirely depend on how quickly the parties can sort out the division of their lives in terms of financial matters and in respect of any children, as opposed to the divorce paperwork itself. It is common practice not to apply for the Decree Absolute/Final Order until all financial matters have been settled.
In the existing fault divorce regime where parties are relying on a fault fact to divorce, it is usual for there to be more animosity in the process and this in turn filters into the financial and children matters which in turn extends the time taken and costs involved.
Where parties are relying on a fact such as 2 years’ separation (with consent) or 5 years’ separation (without consent) it is self-explanatory that the periods to wait for an amicable divorce are greatly increased. This will be avoided with the new no-blame divorce system.
