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Can a divorce be stopped, once the procedure has started?
One of the questions that we are sometimes asked is whether a divorce can be stopped or ‘cancelled’ prior to the decree being made absolute.
The answer to this question is an unconditional YES; divorce can be stopped provided that both parties agree.
If you reconcile at any stage, even after the pronouncement of the decree nisi, you can ask the Court to rescind the decree and dismiss the petition. The effect of this, from a legal point of view, is as if the petition had never been issued.
If both parties agree to the recision [the act of cancelling or rescinding], the application can be made in writing and there is no need for anyone to attend Court or explain in person the reasons for the decision.
For more information about divorce contact Naomi Hayward, on 01227 763939 or email nfh@furleypage.co.uk
Article reviewed July 2020