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 petition stage, where the party seeking the divorce presents the reasons for the breakdown of the marriage to the court.
If you have changes your mind once the 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has been served on your spouse, you can write to the court without informing your spouse and ask for the petition to be withdrawn. If the petition has been served on your spouse, an application to the court can be made together, to withdraw the petition.
The decree nisi
The second stage is 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 decree nisi and retain your status as a married couple.
The decree absolute
The final stage is 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.
For more information on divorce, please see our previous article series here. It covers the top 10 myths that you should be aware of when entering into the divorce process.
If you would like to discuss your options with our specialist divorce lawyers, please get in touch and our Family team can assist and support you.