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This depends entirely on where in the divorce proceedings you are. You can change your mind about your divorce and withdraw the proceedings at any point unless your Decree Absolute has been pronounced.
If your divorce petition has only just been filed with the Court and has not been served on your spouse, you need to act quickly to avoid your spouse being served with the divorce proceedings. You will need to write to the Court with a copy of the divorce proceedings and explain why you want to withdraw the petition.
If the divorce petition has already been served or you have a Decree Nisi, you will need your ex-spouse to consent to the divorce proceedings being dismissed or you will need the Court’s permission. There will need to be an application to the Court and there is a Court fee.
It is important, if you do reconcile or decide you no longer want to proceed with the divorce, to ensure that the proceedings are dismissed. If you do not, there may be consequences such as the respondent requesting that the divorce is finalised.
Once your divorce is final, it is extremely difficult to have the Decree Absolute set aside. It will only be set aside if there has been a procedural or other irregularity. If this is not the case, the Decree Absolute cannot be rendered void.
It is therefore important that you seek advice from a solicitor as soon as possible if you have reconciled or are considering stopping divorce proceedings.
If you have any queries regarding a matter similar to this, then please do not hesitate to get in touch with our experienced team of Family Law Solicitors.
Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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