Going through a divorce is stressful and people can often feel overwhelmed by the volume of paperwork as well as the emotional toll of the divorce itself. Any additional pressures can make the process even more difficult, so you may decide you need to take some time and either delay the divorce or put it on hold until such a time as you feel able to deal with it better. Alternatively, perhaps you and your spouse wish to reconcile and no longer want to end your marriage. But can you delay a divorce or put it on hold? This article discusses the details.
At what stages can the divorce be put on hold?
Because the no-fault divorce regime incorporates a mandatory “cooling off” into the process, after applying for a divorce, there is a minimum 20-week reflection period before a conditional order (previously known as a decree nisi) can be granted. During this time, the couple may reconsider their decision and decide to put the divorce on hold if reconciliation seems possible. Both parties must agree to this, and the process can be paused while they work on their relationship.
After the reflection period, if either party feels unsure about proceeding with the divorce, they can request to delay applying for the conditional order. This allows more time to consider whether they wish to continue with the divorce, seek mediation or family therapy, or withdraw the application.
It is possible to decide against your divorce at any point up to the final order, but the method in which the process is halted depends on the stage of the divorce and whether your spouse agrees.
If the divorce application has been made jointly, one party withdrawing their consent at any stage does not prevent the other party from proceeding with the divorce. In such cases, both parties will need to provide their written consent to the court for the divorce application to be withdrawn.
If the divorce application is made by one party only, it is possible for that party to withdraw it before the other party is served. However, if the application has already been served, then the party applying for the divorce can apply to the court to dismiss the divorce application.
Do both parties have to agree to put a hold on the divorce application?
Couples can apply for a divorce individually or as a couple, with joint applicants switching to an individual application if they can longer work together with their ex. However, individual applicants will not be able to change their application to a joint one at a later date.
After the second waiting period of 43 days following the pronouncement of the conditional order, the final divorce order can be applied for. In the case of an individual application, the applicant is the one who applies. However, if the applicant does not apply for the final order within three months, the respondent can then apply for it. Therefore, without an agreement with your ex-spouse to delay the process, the divorce can only be postponed by an additional three months after the conditional order is granted, as your ex can then make their own application.
Can a divorce on hold be resumed from where it left off?
In most cases, a divorce can be resumed from the point at which it left off after being put on hold. The process is designed to allow couples flexibility if they decide to pause and later continue with their divorce proceedings.
If one or both parties decide to put the divorce on hold, the proceedings can be resumed at the stage where they were paused. For example, if the divorce was delayed after the reflection period but before applying for the conditional order, the parties can proceed to apply for the conditional order once they are ready.
If the court was informed of a mutual agreement to pause the divorce, the court must be notified when the parties wish to resume. The divorce will then continue from the stage it was paused.
If the divorce was paused after the conditional order, but before the final order, the final order can be applied for at any time once the parties decide to resume. There’s no need to start the process from the beginning; the final order simply concludes the divorce. Although the court may request a brief explanation of the reasons for the delay and resumption.
While the process can be resumed from where it was left off, certain time limits, such as the one-year requirement to apply for a final order after the conditional order, should be kept in mind.
What happens if the parties reconcile permanently?
If you permanently reconcile with your spouse during the divorce process, you can choose to stop the divorce proceedings altogether. The steps to do so depend on the stage at which the reconciliation occurs.
If reconciliation happens before the conditional order (formerly decree nisi) is granted, the applicant can simply choose not to proceed with the application. No further action is required, and the divorce application will eventually lapse.
Should the parties reconcile after the conditional order has been granted, but before the final order (formerly decree absolute), they must inform the court that they do not wish to proceed with the divorce. The applicant can do this by not applying for the final order. If neither party applies for the final order within one year of the conditional order being granted, the divorce process can be considered abandoned.
At any stage, if both parties decide to reconcile, they can jointly notify the court and request to withdraw the divorce petition. This will formally end the divorce proceedings.
What is the effect of reconciliation?
Once the divorce process is stopped because of reconciliation, the marriage remains legally intact, and the parties continue to be married as before. In essence, permanent reconciliation halts the divorce process, allowing the marriage to continue without legal interruption.
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