Can I Stop My Divorce?

The divorce process was often criticised and maligned as being an outdated and antiquated system in the courts of England and Wales. Brought into effect through the Divorce Reform Act 1969 and later consolidated into the Matrimonial Causes Act 1973, the act enabled either party to seek a divorce following the ‘irretrievable breakdown of the marriage’

Under the previous system separating couples were required to prove one of five ‘facts’ to satisfy the court that the marriage had irretrievably broken down, they were: adultery, unreasonable behaviour, desertion, 2 years separation with consent or 5 years separation.

Two of the facts required parties to lay blame at the feet of the other, whilst the remaining three required parties to separate for a minimum period of 2 years. 

Could one party unilaterally stop a divorce petition under the old process?

Parties could contest petitions for divorce on the basis that they genuinely did not believe that the marriage had broken down, and that there was realistic prospect of reconciliation. Others may have also entered a defence to the divorce petition for tactical reasons be it either in connection to the children or the finances. Either way, if the party genuinely believed that the marriage had not broken down irretrievably then they had they right to defend the divorce proceedings.

A party could look to challenge the validity of a petition by contesting the fact relied upon by the petitioner, effectively looking to establish that they had no jurisdiction to bring a petition for divorce in the first place. This was best exemplified in the very public case of Owens v Owens in which Mrs Owens sought to separate from what she described as her controlling husband.

Mrs Owens was unfortunately unable to proceed with her divorce as the Supreme Court refused the petition on the basis that they considered Mr Owens behaviour did not meet the threshold for an unreasonable behaviour petition.

How are divorces treated today, and can they still be stopped?

The case of Owens v Owens highlighted the inadequacies of the previous divorce process. Through the introduction of the no fault divorce on 6th April 2022, the court looked to avoid scenarios that faced by Mrs Owens. In removing the need to apportion blame, or to ensure parties were required to wait at least 2 years to separate, a modern and amicable process was envisioned.

However, through removing the apportionment of blame the court has impacted a parties’ capacity to contest a no-fault divorce application. As there is effectively no fact in which to contest a party can no longer contest a divorce or dissolution unless there is a jurisdictional issue.

Can you stop a divorce if you reconcile?

A question often asked is ‘if I have changed my mind about divorce and wish to cancel the proceedings, can I?’ The short answer is yes, provided both of the parties agree.
If you reconcile with your civil partner or spouse, at any point in your proceedings, even after the pronouncement of Decree Nisi (the middle stage of a divorce) you can request that the that court to rescind the divorce application/petition. Unfortunately, if for whatever reason your reconciliation has not worked out after application has been rescinded, you will be required to issue a new application for divorce and effective start the process from the beginning.

Once Decree Absolute or a Final Order has been granted (the final stage of a divorce) unfortunately your cannot cancel your divorce as the marriage has already been brought to an end. You are however free to remarry your significant other should you wish to become spouses again.

Should you any questions about getting a divorce or the divorce process entails please do not hesitate to contact a member of our specialist divorce team and we will be happy to assist.