Divorce After Reconciliation: Court Ruling on Final Orders

Divorce can be a complex and emotional process, especially when couples attempt to reconcile along the way. A recent Family Court ruling has provided clarity on what happens in cases of divorce after reconciliation, specifically when a couple gets back together after a conditional order has been granted but later decides to proceed with the divorce.

Ruling in the case of HK v SS, His Honour Judge Simmonds, the national lead judge on divorce, stated that reconciliation lasting less than two years “should be seen as an attempt at reconciliation but not a bar to the court allowing a final order to be made.”

The couple married in 2011 and separated after 11 years of marriage. In May 2022, HK initiated a sole divorce application citing irretrievable breakdown, leading to a conditional order in October 2022. Neither party applied for the final order.

In March 2023, the couple reconciled but separated again in June 2024, after 15 months of living together. In August 2024, HK applied to finalise the divorce. Both parties agreed to the final order, but the case was referred to Judge Simmonds due to a lack of guidance on handling reconciliations under the Divorce, Dissolution and Separation Act 2020 (DDSA).

Judge Simmonds acknowledged the need for discretion in such cases, noting that the DDSA allows for “no-fault divorce” and aims to simplify the process for couples. He emphasised that reconciliation attempts should not face rigid court-imposed deadlines. “This case highlights that parties need time to reflect. They should not feel the pressure of an artificially imposed court timetable,” he stated.

The judge drew on case law and the DDSA to conclude that reconciliation under two years does not invalidate the basis for a conditional order. “Any period over two years may amount to evidence that the marriage has not irretrievably broken down,” he added, cautioning that longer reconciliations might indicate a material change in circumstances. Ultimately, Judge Simmonds ruled that the couple’s reconciliation attempt did not bar the granting of a final order, highlighting the need for flexibility in similar cases.

Divorce After Reconciliation: What You Need to Know

If you and your spouse reconcile after starting divorce proceedings, it’s important to understand how this affects your legal position. This case confirms that short-term reconciliations (under two years) do not automatically prevent a divorce from being finalised, giving couples the opportunity to try again without legal complications.

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The prospect of divorce can be daunting. All our divorce lawyers are fully qualified, experienced, and understanding. Our aim is to ensure we provide a pragmatic and sensitive approach to help you through the process with minimal stress.

Navigating divorce can be challenging, especially when circumstances change along the way. Our team is here to provide expert guidance and support, ensuring the process is as smooth and stress-free as possible. Please contact us if you would like more information about the issues raised in this article or any aspect of family law.