What Is The 20-Week Cooling-Off Period In Divorce Proceedings?

Do I Need to Wait 20 Weeks if We Both Agree to Divorce?

Yes. Every divorce in England and Wales requires a mandatory 20-week cooling-off period. An amicable divorce follows the same timeline as a contested one. A joint divorce application does not reduce it. A sole divorce application does not reduce it. No form of agreement between spouses removes this requirement under the no-fault divorce system.

This article explains the 20-week reflection period, whether it can be shortened, what happens during the wait, and how couples going through an uncontested divorce can use the time to prepare.

What Is the 20-Week Cooling-Off Period in a No-Fault Divorce?

The 20-week cooling-off period is a statutory waiting period in the divorce process in England and Wales. It begins on the date the court issues the divorce application. It expires 20 weeks later, when the applicant becomes eligible to apply for a Conditional Order.

This requirement was introduced on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020. The Act replaced the old system where a divorce petition had to cite fault-based grounds such as adultery or unreasonable behaviour. Under the no-fault divorce law, the sole legal ground is the irretrievable breakdown of the marriage.

Reflection is the stated purpose of the 20-week period. Couples are given time to reconsider whether the marriage has irretrievably broken down. Financial settlement and child arrangements are also expected to be addressed during this stage, before the Conditional Order, formerly known as the decree nisi, is granted.

Does the 20-Week Period Apply to an Amicable Divorce?

An amicable divorce is subject to the same 20-week waiting period as a contested divorce. There is no exemption for couples who agree. The court does not distinguish between a disputed and a consensual divorce application at this stage.

Couples who have already separated and agreed on terms face the same 20-week wait as those in dispute. No provision exists in the legislation for early progression based on mutual consent.

A joint application, where both spouses apply together, avoids the acknowledgement of service stage but does not shorten the 20-week reflection period.

A sole application, where one spouse applies alone, also carries the same 20-week wait. The only difference is that the respondent must complete an acknowledgement of service form within 14 days of receiving the application.

Can You Get a Quick Divorce by Skipping the 20-Week Period?

There is no quick divorce available in England and Wales that bypasses the 20-week cooling-off period. The minimum divorce timeline is 26 weeks from application to Final Order. Online divorce services and DIY divorce applications follow the same mandatory waiting periods as solicitor-led proceedings.

Shortening the 20-week period is possible, but only in exceptional circumstances. The court retains this power under section 1(8) of the Matrimonial Causes Act 1973.

Terminal illness is the most commonly accepted ground. A Conditional Order may be granted before 20 weeks where one spouse has a life-limiting condition. The welfare of a child is the second recognised ground. A typical example is where a baby is due, and a parent needs to remarry before the birth.

One reported case saw the period reduced to 10 weeks. The applicant had serious health issues and needed to establish available assets for ongoing care. This is understood to be the first successful application of its kind under the no-fault divorce system.

Any other basis for shortening the period is unlikely to succeed.

A Checklist For The 20-Week Reflection Period

Here is a simple checklist of things you can do during the 20 weeks to help reduce delays:

• Financial disclosure should begin immediately. Both spouses are required to provide full details of income, property, pensions, savings and debts before any financial order can be made. Pension valuations should be requested early. A Cash Equivalent Transfer Value from each pension provider can take several weeks to arrive and is required for any financial settlement involving pensions.
• Mediation should be attended if an agreement has not been reached on finances or children. A Mediation Information and Assessment Meeting is mandatory before most financial remedy or child arrangement order applications to the court.
• A consent order should be drafted by a solicitor during this period. Having the consent order ready for submission shortly after the Conditional Order is granted helps avoid further delays in the divorce process. A consent order covers the division of property, savings, pensions and any spousal maintenance arrangements.
• A parenting plan should be created if children are involved. A parenting plan sets out where children will live, how parenting time will be divided, how costs will be shared and how decisions about education and health will be made. Agreeing on a parenting plan during the 20-week period reduces the likelihood of a contested application for a child arrangements order later.
• A joint divorce application is the quickest route through the divorce process where both parties agree. Filing jointly removes the acknowledgement of service stage and confirms to the court from the outset that the divorce is uncontested.

Can You Change Your Mind During the 20-Week Period?

The divorce can be stopped at any point before the Final Order is granted. The 20-week reflection period exists specifically to allow couples time to reconsider.

A sole applicant can withdraw the divorce application before the Conditional Order stage. If the application has already been served on the respondent, the applicant must apply to the court for dismissal.

A joint divorce application requires both spouses to consent to withdrawal. If one spouse withdraws from a joint application, the other can continue the divorce as a sole applicant. The withdrawal of one party does not prevent the divorce from proceeding.

Reconciliation during the 20-week period does happen. If both spouses agree not to proceed, the application can be withdrawn, and the couple remain married. A fresh application would be needed if the couple later decides to divorce.

This article provides general information about the divorce process in England and Wales under the no-fault divorce system. It is not legal advice. For advice on your specific circumstances, consult a family law solicitor regulated by the Solicitors Regulation Authority.