How long can I expect my case to take?

When beginning a Family law case – whether it’s a divorce, child custody dispute or spousal support claim – one of the most common questions we hear from clients is, ‘how long will this take?’

The timeline for Family law matters varies from case to case – but understanding the typical timescales can help set expectations and alleviate some of the initial stress. In this article, we’ll walk you through the typical lifecycle of each type of case and give you a realistic sense of how long each step can take.

We always advise clients to bear in mind that family courts often have a high volume of cases, which can lead to delays in receiving hearings and decisions – even when other aspects are being handled in a timely manner.

Divorce and separation

Following the Divorce, Dissolution and Separation Act 2020, courts in England and Wales now operate on a ‘no-fault’ divorce model – meaning that the reasons for the divorce typically won’t affect the process.

However, parties are still required to go through a 20-week reflection period as a minimum before a conditional order can be granted. Indeed, it’s important for clients to know that divorce takes time, with the average uncontested divorce taking from six to 12 months to complete.

In cases where the divorce is contested – or where significant financial considerations are required – it’s not unusual for this timeline to be doubled, taking up to two years or more for complex cases.

Potential complicating factors:

• Petition delays – if the other party don’t respond right away, the process can be extended further
• Waiting for conditional and final orders – even in an uncontested divorce, there are mandatory waiting periods
• If the Court makes an order postponing the final order – this would be to delay proceedings until the financial aspects had been concluded

In addition to the above, it’s worth noting that financial and child related matters are handled as separate proceedings alongside the dissolution of the marriage.

Child arrangements

Deciding children’s living arrangements, including who they primarily reside with and how much time they spend with each parent, often takes around six to 12 months – with the court regarding the child’s welfare as paramount throughout the process.

Importantly, the courts also follow a ‘no order’ principle, which means they prefer parents to reach an agreement outside of court whenever possible. This route also has the added bonus of being quicker as negotiation or mediation processes tend to be resolved in weeks or months, depending on the situation.

Potential complicating factors:

• CAFCASS reports/safeguarding checks – the court may request a Children and Family Court Advisory and Support Service (CAFCASS) report or other form of check to assess the child’s welfare before making a decision, which can take time to deliver
• Escalating disputes – the process can be prolonged if disputes arise mid-proceedings
• Harm allegations – in the event there are allegations of harm made against one or more parties, the court may need to schedule a fact-finding hearing

Financial settlements

Financial settlements can be notoriously complex and lengthy: it’s not uncommon for these proceedings to take anywhere from nine to 18 months.

Typical cases comprise three stages – a First Directions Hearing (FDA), a Financial Dispute Resolution (FDR) and the Final Hearing, each of which are designed to facilitate resolution but take time to complete.

However, the process can be speeded up significantly if the parties are able to reach an agreement between themselves, as this can simply be submitted to the court to be formalised via a consent order.

Potential complicating factors:

• Non or delayed disclosure – financial disclosure from both parties is a critical starting point of any settlement, and so any delays in providing required forms or information will inevitably extend the process
• Asset valuation – disputes over the value of properties, pensions and businesses often require expert valuations, which adds another layer of complexity
• Entitlement disputes – arguments about what each party is entitled to, or their specific needs following separation, can cause further delays

Cohabitation agreements

Cohabitation agreements can be formalised on a relatively short timescale, usually around four to 12 weeks depending on the complexity of the case and the level of cooperation of the parties involved.

Potential complicating factors:

• Negotiation breakdown – if one or more party is unhappy with the terms of the agreement, this can delay the process
• Delays in providing financial information – the agreement may require disclosure of assets, which can lead to an extended wait if not provided on time
• Review and drafting delays – complexities in drafting or reviewing the agreement may also add time

Non-Molestation Orders

Due to the severity of these cases, non-molestation orders can be granted urgently in emergencies – often within 24-72 hours – and sometimes even without notice to the other party (‘ex parte’).

Full hearings are normally held within 14 days of the initial order being granted.

Potential complicating factors:

• Service delays – the order may be delayed if the respondent has not yet been served the relevant papers
• Adjournments – if more evidence is needed before the order is granted, this can extend the process
• Police involvement – ongoing police investigations, as well as the added complexity of any safeguarding issues, may also impact the timeline

Trusts of Land and Appointment of Trustees (TOLATA) claims

Claims relating to the Trusts of Land and Appointment of Trustees (TOLATA) Act 1996 are commonly used in disputes between cohabiting couples or in cases involving property ownership.

You can expect these types of court proceedings to take around nine to 18 months – and it’s worth remembering that if you’re claiming an interest in a property, you’ll need to be able to prove your beneficial interest, which can require significant evidence and lead to further delays.

Potential complicating factors:

• Complex property ownership disputes – disputes involving multiple parties or complex property ownership can take longer to resolve
• Expert valuation and evidence – expert reports on property values or other related assets can extend the timeline of the case
• Disclosure delays – as with financial settlements, delays in providing financial or property details can slow the process down

Managing expectations: how we can help

Unfortunately, when it comes to dealing with the complexities of Family law, there’s rarely an overnight solution.

Our team have decades of combined experience in Family law matters, and we’ll always do everything we can to help you manage expectations from the beginning – and help ensure your case is resolved as quickly as possible:

• Set realistic timelines – we’ll always provide you with the most realistic timeline possible based on your specific case and requirements
• Explain each stage – we’ll explain each stage of the process (and exactly what it entails), so you always know what to expect
• Facilitate mediation or ADR – we’ll encourage the use of mediation or other forms of alternative dispute resolution wherever possible to avoid unnecessary delays
• Communicate consistently – we’ll give you regular updates about the status of your case and encourage you to reach out with any questions or concerns throughout the process
• Provide ongoing support – we’ll be open with you about the potential impacts of proceeding through litigation, as well as the potential for settlement

We know that family law matters are often emotional, complex and time consuming – that’s why our friendly and experienced Family Law specialists are able to guide you through each step of the process, keeping you informed and supported each step of the way.

Please contact our Divorce and Family Law team on 03333 058375 or by email via [email protected] to speak to one of our experts today. We’re here to help.