The myth of the ‘quickie divorce’
The media has recently reported on the news of Cheryl Fernandez-Versini’s divorce with many media outlets describing it as a ‘quickie’ divorce taking only ’14 seconds’.
The media has recently reported on the news of Cheryl Fernandez-Versini’s divorce with many media outlets describing it as a ‘quickie’ divorce taking only '14 seconds’.
Despite numerous reports, the existence of the ‘quickie divorce’ is a myth. Regardless of wealth or celebrity status, everyone has to follow the same procedure to dissolve a marriage or civil partnership.
That procedure involves the filing of a Divorce or Dissolution Petition at the Family Court, although it is good practice, with the aim of minimising any conflict or animosity, for a draft to be sent to the other party first. Once the Petition has been issued by the Court, the other party (known in the proceedings as the Respondent) must acknowledge receipt and confirm to the Court whether or not they intend to defend the divorce or dissolution. It is very rare for a divorce or dissolution to be defended.
Once the Respondent has acknowledged the Petition and confirmed that they do not intend to defend the Petition, the Petitioner must confirm to the Court that they intend to proceed with the Divorce/Dissolution Petition. In the case of a divorce, the person applying for the divorce (the Petitioner) needs to send to the Court a statement in support of their Divorce Petition along with their application for Decree Nisi to be pronounced. Decree Nisi is only the penultimate stage in the process. Where the Petitioner has filed a Dissolution Petition the Petitioner will need to apply for a Conditional Order confirming the Respondent has received the Dissolution Petition. At that point there will be a hearing at which Decree Nisi is pronounced by the Judge. It is unnecessary for the parties to attend the hearing and for that reason it can be very brief – reportedly 14 seconds in the case of Cheryl Fernandez-Versini.
In the case of a divorce Decree, Nisi is only the penultimate stage of the process and the Petitioner will need to wait a minimum of six weeks and one day before being able to apply for Decree Absolute, which is the final Order that formally brings an end to the marriage.
For Civil Partnership Dissolutions, the Petitioner can apply for a Final Order which will formally dissolve the civil partnership six weeks from the date of the Conditional Order.
The total length of time that both processes take depends upon a number of factors including the speed at which both parties to the marriage/civil parternership sign and return paperwork, ensuring that the paperwork has been drafted correctly and the speed at which the Court issues and processes paperwork. All in all, the process will generally take around four to six months.
It is important to note that the division of assets is not dealt with as part of the divorce/dissolution process itself and should be dealt with separately, alongside the divorce/dissolution. It is very important to reach a formal agreement regarding financial issues as a couple’s financial claims against one another will remain open, potentially indefinitely, unless a formal financial agreement is approved by the Court. That means that if the parties’ claims are not dealt with, one former spouse could conceivably make a claim against the other, years after the divorce/dissolution is finalised. See here for more information.
If you would like further advice on your options when separating please do get in touch with our team.
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