Can I stop my divorce?

Clients going through a divorce sometimes query whether divorce proceedings can be stopped once they have started. The answer is yes, you can change your mind up until the court issues a final divorce order (previously called a divorce absolute), which ends the marriage. However, both parties must agree.

Following the introduction of no-fault divorce in 2022, divorce can only be contested in very limited circumstances, for example, on the basis that the court does not have jurisdiction to entertain the proceedings, or that the marriage is not valid.

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Generally, by the time that matters reach the stage where divorce proceedings are initiated, at least one spouse generally no longer wishes to remain married. However, it is not unheard of for a couple to regret the decision and to decide that they do not want to proceed with the divorce. How easy it is to do this depends on the stage that proceedings have reached.  

The divorce process normally takes around 6 months and provides several “cooling off” periods. It may be during these periods that a couple rethinks their future together. Following an application for divorce, there is a 20 week wait before parties can apply for a conditional order. Once a conditional order has been issued, parties must then wait 6 weeks and 1 day before applying for a final order to end the marriage.

Following the introduction of no-fault divorce, the divorce process is a relatively straightforward three-stage process:

1. Filing the divorce application
2. Obtaining a conditional order
3. Obtaining a final order

The divorce process normally takes around 6 months and provides several “cooling off” periods. It may be during these periods that a couple rethinks their future together. Following an application for divorce, there is a 20 week wait before parties can apply for a conditional order. Once a conditional order has been issued, parties must then wait 6 weeks and 1 day before applying for a final order to end the marriage.

The grounds for challenging a divorce are now extremely limited and only one party needs to file for divorce. Wanting to stay married to your spouse will not be sufficient to stop divorce proceedings.

Before the Conditional order

Starting divorce proceedings does not mean that they automatically have to be finalised, and at this stage no orders have been made by the court and the parties can decide that they do not wish to proceed.

If both parties make a joint application for divorce, and one party rescinds their consent/application, the other party will still be able to proceed. To withdraw the application, both parties will have to apply for the application to be withdrawn.

Where only one party applies for a divorce, they can withdraw their application before a conditional order is served on the other party or apply to the court to dismiss the application where it has already been served.

Between the conditional order and final order 

Even when the conditional order has been served, this does not mean that divorce is inevitable. A conditional order is simply the court’s confirmation that it is satisfied that the divorce can proceed as opposed to confirming the divorce has happened, which is the purpose of the final order.

After the final order

Once the final divorce order has been made, you will be officially divorced, which cannot be reversed. However, should you and your ex-spouse wish to reunite or remarry, you are able to do so.