What happens if you have issued divorce proceedings, but you have changed your mind before finalising the divorce, and are now reconciled with your wife or husband?
You can change your mind about divorce at any point up to the Final Order being made (previously known as “Decree Absolute”).
If you do, you should agree with your spouse that you will jointly ask the Family Court Judge to rescind the Conditional Order (previously known as “Decree Nisi”) and apply to dismiss the divorce application (previously known as the “Petition”). There will be a Court fee payable to deal with this application. if the Court grants the application, you will receive a Court Order confirming this, and the marriage certificate will be returned to you.
What happens if the Final Order has been made?
Once the “Final Order” has been made, it is not possible to “cancel” the divorce (but you would be free to remarry your spouse should you wish to do so!).
It is important to seek legal advice if you are considering cancelling your divorce proceedings so that you can be advised as to the legal and financial implications for you, particularly if the Court has already approved a Financial Order within those proceedings.
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Disclaimer: The content in this blog post is for informational purposes only and should not be seen as formal legal advice. King Street Solicitors is not responsible for any reliance on the information in this post. We do not take responsibility for the content of any external websites linked in the post. Any link to a third-party website should not be seen as an endorsement by King Street Solicitors.