Separating is rarely an easy decision, but what happens if you change your minds about getting divorced and decide to give it another go?
The decision to divorce can often be difficult and both parties may benefit from the space separation gives. For some couples, the process of divorcing and the time they have to consider the relationship can lead to a decision that they want to get back together.
How this is achieved depends on how far the divorce has progressed. In this article we look at the three stages of divorce and what happens if you decide to stop the divorce process.
The three stages of divorce – and what happens if you change your minds about getting divorced
The first stage is the application stage, previously known as the petition, where the party seeking the divorce, or the parties jointly, set out to the court that the marriage has irretrievably broken down.
If you have changed your mind once the application/petition has been issued, but before it has been served on your spouse, you can write to the court without informing your spouse and ask for the application/petition to be withdrawn. If the application/petition has been served on your spouse, an application to the court can be made together, to withdraw the petition.
The conditional order
The second stage is the conditional order, previously known as the decree nisi. This is made by a judge if they are satisfied you have met the requirements and completed the correct paperwork for the divorce to proceed. The divorce is provisional upon further application. It is therefore possible to make an application to the court to cancel the conditional order/decree nisi and retain your status as a married couple.
The final order
The final stage is the final order previously known as the decree absolute. This finalises the divorce and is irreversible.
At this stage, if you wish to reconcile, the only option is to remarry. You may wish to consider a pre-nuptial agreement before committing to this again
If you have any further queries regarding changing minds about getting divorced, please feel to contact our Family Team and we would be happy to help.