It is not uncommon for financial settlements to be agreed during the minimum six-month divorce period if both parties can agree and use this period of reflection to decide on matters relating to money, property and children, certain factors can affect the duration.The financial part of a divorce is often the most contested and complex aspect amongst couples. In most cases, this hinges upon the amount of assets, the complexity and resources available to deal with them and the willingness of the parties to realise an agreement. In this article, we look at the things that can extend the length of time for a divorce to be finalised.
It is not uncommon for financial settlements to be agreed during the minimum six-month divorce period if both parties can agree and use this period of reflection to decide on matters relating to money, property and children, certain factors can affect the duration.The financial part of a divorce is often the most contested and complex aspect amongst couples. In most cases, this hinges upon the amount of assets, the complexity and resources available to deal with them and the willingness of the parties to realise an agreement. In this article, we look at the things that can extend the length of time for a divorce to be finalised.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What tactics might a spouse use to extend the divorce timescale?
Unless they are going through the divorce process or know someone who is, most people are unaware that the divorce in itself has nothing to do with what happens regarding financial arrangements or children. These are separate applications. For example, you cannot start financial proceedings until after you have issued the divorce application. And, in fact, although it is not recommended, you don’t have to make a financial application at all, although your ex will be able to make a claim on you until they remarry, and vice versa.
Depending on the circumstances, it is often on one party’s interests for financial negotiations to be dragged out or hurried along. The most common reasons for prolonging divorce proceedings include:
- Lack of cooperation – this includes not responding to court documents or refusing to provide the necessary financial documentation
- Complex assets – this includes businesses, investments, and overseas properties that require accurate expert assessment, valuations and often, specialist advice. In addition, if these assets are in dispute, it may lead to further legal challenges and, consequently, an extended divorce process.
- Hiding assets will almost certainly complicate and delay the divorce process because reaching a fair financial settlement becomes more challenging, increasing stress and serving to extend the overall time. The court can order the hiding spouse to pay the legal costs of the other party, which can be a significant financial burden.
What are the financial penalties for hiding assets in a divorce?
Intentionally failing to disclose assets can also be seen as a contempt of court, potentially leading to fines, and in extreme cases, a term of imprisonment. The court can also “add-in” the perceived value of any “missing” or undisclosed assets and readjust them accordingly to compensate the innocent spouse and provide a fair outcome.
If the court discovers hidden assets after a financial settlement has already been made, the innocent spouse can apply to have the order changed to reflect the true value of the matrimonial assets.
Negotiations over financial settlements can significantly extend the duration of a divorce, particularly if there are substantial assets, a family business, or other complex financial issues to resolve. Delays often happen when parties cannot agree on the value of assets or the terms of settlement, requiring further discussions or court assistance. If a spouse is hiding assets, this can also cause significant delay.
Tips to expedite the divorce process
The fastest time a divorce can be finalised in the UK is 6 months. This comprises a 20-week cooling off period and a minimum 6-weeks between the divorce conditional order and final order. This is assuming there are no complications and both parties agree promptly on all matters.
However, there are certain additional actions you can take to expedite the divorce process and keep it on track. Here are some practical suggestions:
- Gather and organise necessary documentation such as financial records, bank and credit card statements, loan/finance agreements, valuations of the family home or other high-value items. If you have a pre or post nuptial agreement, this should also be located as it will reference how the matrimonial assets are to be divided in the event of a divorce.
- Seeking early mediation and/or legal advice can help resolve matters amicably and swiftly. Mediation has gained in popularity for its ability to offer a more amicable and cost-effective approach to settling financial disputes. With a neutral third party facilitating discussions, mediation often leads to more creative solutions tailored to a couple’s specific needs.
- Engage in full disclosure – providing incomplete or misleading financial data can harm the chances of achieving a fair settlement and lead to legal penalties being imposed. It is in both parties’ best interests to disclosure all assets, accounts, debts, and other financial considerations, no matter how insignificant they appear.
- Consider a private FDR (Financial Dispute Resolution) appointment – after disclosing all assets and liabilities, the divorcing couple negotiates a settlement in the presence of a judge whose job it is to provide guidance on what the court would likely decide should the case go all the way to a final hearing. A private FDR takes place “without prejudice”, meaning that any agreements or negotiations cannot be shown to the court at any other hearing, and neither party can be held to any proposals they may make. With long waits for FDR hearing dates, many divorcing couples are now opting for private FDR instead.
- Ensure all forms are filled out correctly and all necessary documentation is provided, both to your legal representative and your ex/ex’s solicitors.
- Avoid missing deadlines for submitting forms or responding to court orders
- Submitting incomplete or incorrect documentation can cause significant delay. Double check all paperwork and, if acting for yourself, have them reviewed by a legal professional before submitting them to the court.
- Poor communication between you and your ex can lead to misunderstanding and delay. If possible, maintain open and constructive communication with your ex, as this can facilitate a smoother process.
- Overlooking required legal steps or legal criteria can cause delays and additional court hearings. Ensuring these are met can prevent such oversights.
Unwillingness to compromise on issues can stall the divorce process, and when parties cannot find common ground on key areas, the divorce process may become drawn out, adding to the duration and expense of proceedings.
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