The ‘quickie’ answer is no.
Whilst there are often reports of celebrities gaining a ‘quickie’ divorce, the situation is not as simple as is often portrayed in the media.
It usually takes several months to obtain the first decree in the divorce proceedings, known as Decree Nisi, but at that stage, the couple is still married.
Six weeks and one day after Decree Nisi is made, the petitioner (i.e. the person who initiated the divorce proceedings) can apply for Decree Absolute.
From the date of the Decree Absolute, the parties are no longer married, and are free to remarry.
The respondent (the other party to the divorce) can apply for the Decree Absolute three months after the six weeks and one day date. The procedure for a respondent to apply is more complicated, and requires a formal court application and the approval of a judge. This is a longer and more expensive process than an application by a petitioner which is a short form and the Decree Absolute is then issued by the court staff.
It is usual, however, for parties to wait until a court order which confirms the financial split to be obtained before Decree Absolute is sought. This is to preserve claims by one spouse against the other’s estate in the event of their death before a financial order is made. If Decree Absolute is made and no financial order is in place, the survivor’s claims against the deceased ex-spouse’s estate will be far more limited, and may be non-existent.
For more information on divorce and to find out how we can help you, please contact a member of our Family Team on 0345 646 0406 for a free initial telephone consultation, or fill in our online enquiry form and a member of our Team will be in touch.