Advice Centre

Introduction

As solicitors, we frequently encounter clients who file for divorce, only to later reconsider their decision. In such situations, it is crucial to understand the legal framework and procedures surrounding the withdrawal of divorce applications. This case study will explore the key legal aspects of stopping divorce proceedings after they have been initiated, providing insight into the options available to clients and the potential outcomes.

Divorce Process and Grounds for Withdrawal

Under UK law, a divorce is initiated when one party files an application, asserting that the marriage has irretrievably broken down. This process is governed by the Divorce, Dissolution and Separation Act 2020. However, it is not uncommon for applicants to reconsider their decision after the process has started—whether because they wish to give their marriage another chance or have reconciled with their spouse.

It is important to highlight that once a divorce application is filed, it does not mean that the divorce process is irreversible. The applicant retains the right to stop the proceedings at various stages.

Legal Framework for Stopping Divorce Proceedings

The decision to halt divorce proceedings can be made at any point before the final order (formerly known as the decree absolute) is issued by the court.

In the UK, individuals seeking to end divorce proceedings have the option to withdraw their divorce application at any point before the final order (previously known as the decree absolute) is issued. This provides a degree of flexibility for couples who may decide to reconcile or reconsider their decision to divorce. There are two primary ways to approach this withdrawal: abandoning the proceedings or formally withdrawing the application.

If a party chooses to abandon the proceedings, they simply stop taking further action without formally notifying the court of their decision to withdraw. In this scenario, the divorce case remains open and inactive, effectively putting the proceedings in limbo. However, this can create uncertainty for both parties, as the divorce remains legally pending, and either party could, in theory, resume the process at a later stage. This can be problematic if the parties wish to have clarity about their marital status or if future disputes arise regarding finances or other issues connected to the separation.

The more formal and definitive option is to withdraw the divorce application through an application to the court. This process involves notifying the court in writing of the intention to withdraw the application. However, the withdrawal cannot proceed solely on the applicant’s request; the court requires written confirmation from the respondent, the other party in the divorce, indicating their agreement to the withdrawal. This requirement ensures that both parties are aligned in their decision to halt the divorce process. Once the court receives and accepts the written agreement from the respondent, the divorce application is officially terminated, and the legal proceedings come to an end.

Formally withdrawing the application offers greater clarity and closure, as it ensures that the divorce case is completely closed, and neither party can easily revive the same proceedings without initiating a new divorce process. This option can be especially beneficial for couples who have reconciled or wish to avoid the financial and emotional burdens of a continued legal dispute. Ultimately, the choice between simply abandoning the proceedings or formally withdrawing the application depends on the couple’s circumstances and their need for legal certainty.

Practical Insights on Withdrawal of Divorce Applications

Clients often panic when they realise they have already initiated divorce proceedings but wish to reconcile. It is critical to provide reassurance by explaining that stopping the process is possible at any point up to the final order.

Key considerations for clients include:

• Impact of Withdrawal: Withdrawing a divorce application has long-term implications. If the couple later decides to proceed with the divorce, they will need to refile a new application, pay the court fee again (currently £593), and start the process from the beginning. This includes a new period of waiting for the conditional and final orders.
• Written Confirmation from the Respondent: Both parties must be in agreement to withdraw the divorce application formally. The court requires written confirmation from both the applicant and the respondent to ensure there is no coercion or misunderstanding.
• Court Fees and Legal Costs: Apart from the £58 court fee for withdrawing the application, clients must be made aware that there are no refunds for the original court fees once the process has begun. They will also be responsible for any legal fees incurred in preparing the withdrawal documentation.

Challenges with Stopping the Divorce Process

One potential challenge arises if the parties wait too long after the conditional order is issued before deciding to stop the divorce. If more than 12 months pass without applying for the final order, the applicant must file an additional statement with the court explaining the delay.

Key Takeaways for Clients and Legal Professionals

• Stop the Divorce Early if Possible: Clients who have reconciled with their spouse should seek to halt divorce proceedings as early as possible. The sooner the decision is made, the simpler and less costly the process will be.

• Long-Term Consequences: Withdrawing a divorce application does not erase the fact that divorce proceedings were initiated. Should the couple decide to divorce later, they must start the process anew.

• Communication is Crucial: Both the applicant and respondent must clearly communicate their intentions to the court and each other. Written confirmation from both parties is essential to ensure the divorce is properly withdrawn.

• Legal Advice is Essential: Clients considering withdrawing a divorce application should consult their solicitor to understand the financial and legal implications fully. Solicitors play a vital role in preparing the necessary documents and ensuring compliance with court procedures.

Conclusion

Stopping divorce proceedings is a viable option for clients who reconsider their decision to end their marriage. Understanding the stages of the divorce process and the legal requirements for withdrawing an application can help clients make informed decisions. As solicitors, our role is to guide clients through these complex legal steps and ensure their rights and interests are fully protected.

By providing clear, accessible information and support, we can help clients navigate the often challenging emotional and legal landscape of divorce.