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Family Law

What happens if I get back together with my spouse – can the divorce be stopped?

Couple getting back together

What happens to?
The most commonly asked questions from couples separating or divorcing

Thursday, October 28, 2021

If you and your spouse reconcile at any time, even after the pronouncement of Decree Nisi (but before Decree Absolute) you can ask the court to cancel the Decree Nisi and dismiss the Petition.

If you have a solicitor acting for you, make sure you inform them straightaway that you wish to stop the divorce.

If you are the person who filed the divorce, known as the Petitioner, and you have not yet applied for Decree Nisi you can simply do nothing further which will stop the divorce from proceeding.

If you already have your Decree Nisi you should inform the Court that you do not wish to proceed with the divorce or your solicitor can do this on your behalf. It shall then be as if the Petition never existed.

If your spouse was the Petitioner then they will need to inform the Court that they they do not wish to proceed with the divorce. Likewise, it shall be as if the Petition never existed.

When is it too late to stop the Divorce Petiton?

Once your Decree Absolute has been made, it is not possible to stop the divorce, as you are now divorced.

BUT the good news is you are free to remarry and, of course, you can choose to remarry your ex spouse if you wish to do so.

What should I consider when reconciling?

Consider engaging the services of a counsellor or therapist who will help you pinpoint what led to your separation and support you with your reconciliation.

Decide what to tell the children and when to tell the children and consider professional support, as necessary.

Review your financial affairs. During your separation it is likely you also began to separate your finances from your spouse’s.

Consider making a new Will, particularly if you changed this when you separated. Make sure it accurately reflects your wishes.

Contact us

To speak to one of our specialist solicitors, please do not hesitate to contact us today by calling 0191 232 8451 or if you prefer, you can email familydepartment@samuelphillips.co.uk in the strictest of confidence.

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