Changed Your Mind About a Divorce?

If you and your ex have decided to make a go of it again you are not the only ones! A considerable number of people each year separate or take time away from their partners without actually going through the divorce process. The law also recognizes that couples need a ‘cooling off’ period, in case they wish to change their minds. This is why the divorce process takes several months to complete, even for uncontested and simple divorces.

How to Stop Your Divorce

If you and your spouse decide to make a go of things, you can stop your divorce from being finalised. It is only possible to apply for a decree absolute six weeks and one day after you receive your decree nisi. If you have already had a decree nisi, it is only the petitioner who can then apply for the decree absolute after this period. If as the petitioner you do not do this, there will be no divorce but you should write to the court (or your solicitor) dealing with your divorce and inform them that you are withdrawing from the divorce proceedings.

If the petitioner has not applied, the respondent can apply for a decree absolute three months, six weeks and one day after the grant of the decree nisi. If the respondent has been the one to apply for the decree absolute they should write to the court or to their solicitor to have the proceedings stopped.

When is it too Late to Stop the Divorce?

You can stop your divorce proceedings any time up until the grant of the decree absolute. Once your decree absolute has been granted, there is no going back. It is not possible to ‘cancel’ a decree absolute as by law you have then completed the divorce proceedings and are no longer married to one another. If you and your spouse have changed your mind about divorcing, it is imperative that you let your solicitor know as soon as possible to prevent your divorce being finalised. If your decree absolute has already been granted, you are then free to re-marry your spouse (or anyone else) if you wish to.

It is often the case that neither party applies for the decree absolute as soon as they are legally able to (i.e. six weeks or four and a half months after the grant of the decree nisi). This is because it is advisable to hold off on applying for the decree absolute until any financial disputes between you and your spouse (or your lawyers) have been rectified.

Can I Re-Start the Divorce Proceedings Later On?

If you and your spouse change your minds again, you will have to commence proceedings again.

What if I Want to Defend My Divorce?

This is a different situation entirely. If you decide that you do not want to divorce your spouse, but they do want to proceed with the divorce, you can contest the divorce. It is worth noting however that if one person wants to contest the divorce, the legal bills can become very expensive. In short, the more issues that one party contests the more the lawyers earn.

In the first instance your respective solicitors will try to ensure that the issues that are contested can be mediated and settled without a court hearing. If this is not possible, the court then decides what each party should be entitled to. This could include access to the children, financial payments, debt apportionment and division of assets.

Although contesting a divorce means that the legal process takes longer, it is worth remembering that one party can file for divorce without the other’s consent being required if you and your spouse have been separated for a period of five years. If one person wants to divorce and has grounds for doing so, then they’ll be able to divorce you.