Key takeaways
Expediting divorce applications
Courts can, in exceptional circumstances, shorten the 20-week reflection period.
Health and hardship drive decisions
Terminal illness or severe welfare needs may qualify.
Limited scope for third-party urgency
Humanitarian arguments unlikely to succeed, but subject to court discretion.
The introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020 marked a significant shift in family law. One key feature is the mandatory 20-week reflection period between issuing a divorce application and applying for a conditional order. This cooling-off period aims to give couples time to reflect and consider reconciliation before finalising their decision.
But what happens when waiting 20 weeks is simply not feasible? Can the court shorten this period in urgent cases? The answer is yes, under certain circumstances.
The legal framework
Section 1(8) of the Matrimonial Causes Act 1973, as amended by the 2020 Act, provides that:
“In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable…”
This gives the court discretion to reduce the 20-week period. However, the legislation does not set out specific criteria, meaning decisions are case-specific and based on judicial discretion.
What will the Courts consider?
Family court practice and commentary suggest that exceptional circumstances are required. Common examples include:
Terminal illness or life-limiting condition affecting one of the parties or someone closely connected to the proceedings.
Urgent financial, care, or welfare needs, where delay would cause significant hardship.
Long separation with agreed finances and no prospect of reconciliation, where the waiting period serves no practical purpose.
Courts have also expedited the six-week period between Conditional Order and Final Order in similar circumstances.
In one of the first reported applications under the new law, the court shortened the 20-week period for a client with a terminal illness, allowing an early conditional order.
Third-party circumstances
Urgency based on a third party’s situation, such as a new partner’s terminal illness, may be harder to argue. Courts generally prioritise urgency affecting the applicant or respondent directly. However, humanitarian arguments may succeed at the court’s discretion.
Need advice on expediting a divorce?
Our family law team can guide you through the process and help prepare a strong application. Contact us today for support.
This article was co-authored by trainee, Laura Clarke.
