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First deal of 2026 – Aurora Power Consulting
First deal of 2026 completed – Aurora Power Consulting has joined Morson Group, with the corporate team at Steele Raymond advising.
16/01/2026
‘Quickie divorces’ are often spoken about in the media. We hear about points such as ‘mitigating circumstances’, ‘unreasonable behaviour’ and ‘irreconcilable differences’
But what does it all mean? Daniel Sanders explains more about this confusing subject…
Is the general perception of divorce proceedings quite a lengthy one?
Sometimes yes… Clients don’t always appreciate what is involved in the process, and most of the time they have little idea of the legal procedure and requirements. There is often a gap in knowledge at the outset as to the parallel existence of divorce and financial settlement: the latter usually causing the lengthening of the time to conclusion. Most of their knowledge is through their friends’ and family’s experiences of divorce (whose divorces can substantially differ in complexity and time) and of course through the media.
…and sometimes no. Some clients relate seeing a divorce lawyer to that of a meeting with a marriage registrar. It is not, however, simply a case of signing something off which records a divorce – even when the parties are in full agreement about the parting of ways. Most clients recognise that 6 months is reasonable (not always the case though) but then are more surprised at the delays that might arise because of the related financial settlement arrangements that run alongside a divorce.
What are your clients concerned about?
The majority get concerned about how long a divorce takes, especially if there are separate but linked Court proceedings in relation to a financial settlement. The minimum length of time the process can really be is about 6 months from start to finish provided there is full consensus between divorcing spouses and efficiency in the proceedings. Spouses can lose benefits (e.g. pension entitlements) on receipt of the final divorce order, so in order to not weaken their position (even if it seems unrealistic that any loss of benefits will actually occur) obtaining the final divorce order is commonly delayed until after a financial remedy order has been approved by the Court.
What are some of the other common causes of divorce anxiety?
Some clients can get concerned about the complications involved in the financial settlement associated with the divorce (and the knock-on effect on the length of time for the process). A “quickie” financial settlement is riddled with risk and there are often complex and life-changing decisions to be made as part of a settlement, so fully informed decisions – which can take time – are often required, or at least encouraged.
Some clients feel that they can get divorced quickly and then deal with finances later. Whilst that is possible, it is not advisable because a divorce will not extinguish those financial claims arising between the ex-spouses in the future. So, a husband and wife can apply against each other for financial settlement years after their divorce if they don’t do it during the divorce. Clients don’t always realise that and regret not sorting it out at the time in situations where, for example, their financial circumstances have changed (for the better) since divorce, and where those financial improvements (whether income, capital or pension) are still subject to claims from an ex-spouse.
The other classic concern is where parties have been separated for some time and one of them wants to remarry. They get frustrated at having to wait for several months before actually moving on with their life.
What causes the majority of the delays?
Most delay is caused by either or a combination of (a) backlogs from the Court, even in the most simple and straightforward quickie-type cases; (b) by one party holding things up for whatever reason; and/or (c) financial settlement disputes/complications.
What do people believe is a ‘quickie divorce’?
Usually when an amicable couple separate, they think they can get divorced without fuss and certainly sooner than 6 months. They don’t appreciate the legal processes that need to be followed. Whilst the online Court portal and the implementation of ‘no fault divorce’ have brought more efficiency to the procedure, there are often still delays due to the backlog of applications that are uploaded to the central system.
How do you approach proceedings when taking on divorce clients?
I ensure that a strategy is prepared and that information (including financial information) is gathered at an early stage once the client is ready to commence. This involves informing clients of their options and ensuring that they are fully equipped with the right guidance and advice from which to make decisions.
Are the options for clients wishing to divorce very limited?
Divorce in England and Wales is now based on ‘no fault’. Therefore, parties cannot cite the reasons for the breakdown in the marriage in the application for divorce. Some clients find this hard to comprehend, especially where there have been examples of domestic abuse, including physical violence, emotional abuse or just general unpleasantness. However, the sole ground on which a divorce is now based is that there has been an irretrievable breakdown in the relationship.
There is an opportunity to plead “conduct” (if relevant) during financial remedy proceedings so long as “that conduct is such that it would be inequitable to disregard it.” Whilst there is no definition as to what type of conduct should be included, case law dictates that it includes gross and obvious personal misconduct, financial misconduct, litigation misconduct, and where a party fails to engage or comply with financial disclosure obligations. Where conduct arguments succeed, costs orders can be made ordering one party to pay (some of) the other party’s costs. Conduct is often explored in more depth in children proceedings, if necessary and relevant.
What can clients expect, and what do they need to bring with them to make the process run smoothly?
The cases that are completed more quickly are those where parties are amicable and are open to reaching agreements on matters regarding their children and finances. Further, parties who are well organised, cooperative and proactive in reaching a financial settlement help to speed up the process. Complications and delays arise with parties who appear amicable before taking legal advice, but quickly realise that there is more to a divorce than just signing something off and/or that they might be entitled to something different to what they were minded to agree to before taking advice.
Any ‘quickie’ top tips for those who may be thinking of divorce proceedings?
Couples must be married for 1 year before starting divorce proceedings.
Be aware of emotional issues. It can take time for some clients to get their head round the fact they are actually divorcing and may need time to process and seek professional support. They should be ready for the fact that their spouse may not be in the same head space and may therefore not be in a position to progress matters quickly, even when they themselves are keen to get things going.
Above all, take proper advice about the legal process and ask questions to ensure that you understand all the options and implications of your decision-making. There are often various options at various different junctures in the divorce and financial settlement arena and it is quite easy to get lost within those processes if you are not well informed.
For further information and advice please contact Daniel Sanders.
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Serious work, human rhythm. From Bournemouth and Southampton to Poundbury, our teams handle heavyweight matters, then step into sea air, green space and short commutes that keep heads clear and careers moving. If you want City level work with South Coast balance, this is where both can happen.
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