In a recent ruling, His Honour Judge Simmonds, the national lead judge on divorce, provided important clarification on when a final divorce order may be granted after the parties have reconciled. If you’re navigating a divorce and considering reconciliation, it’s crucial to understand how this can impact the process. In this blog, we’ll break down how reconciliation works within the divorce process and what it means for you legally.

The current law on divorce

The UK’s Divorce, Dissolution and Separation Act 2020 (DDSA) reformed the divorce process, making it simpler and less adversarial. The key change was the introduction of a no-fault divorce , which removes the need to assign blame for the breakdown of a marriage. However, reconciliation can still play a role during the process, and it’s important to know how it may affect your divorce.

A quick breakdown of the divorce process

1. Grounds for divorce – No-fault divorce: Since April 2022, under the DDSA, divorce can be granted based solely on the irretrievable breakdown of the marriage. No longer is there a need to prove fault on either side, simplifying the process significantly.
2. Applying for divorce – Sole or joint application: Once you’ve made the decision to divorce, you can submit an application to the court, either on your own (sole application) or with your spouse (joint application).
3. Acknowledgement of service: After submitting the application, the court will issue an Acknowledgment of Service to your spouse (in a sole application). They must confirm receipt of the application.
4. The 20-week waiting period: There is a mandatory 20-week waiting period before you can proceed with the divorce. During this time, couples are encouraged to discuss important issues such as financial arrangements and child custody, which are dealt with separately from the divorce itself.
5. Conditional order: After the 20-week waiting period, you can apply for a Conditional Order (formerly Decree Nisi). This is the court’s preliminary approval of the divorce, confirming that the marriage has irretrievably broken down.
6. Final order: Once you’ve received the Conditional Order, you must wait at least six weeks and one day before applying for the Final Order (formerly Decree Absolute). The Final Order legally ends the marriage.

What is Reconciliation?

Reconciliation occurs when a couple, at any point during the divorce process, decides to give their relationship another chance. This can happen before or after the Conditional Order has been granted. It’s important to note that reconciliation does not necessarily mean the marriage is saved permanently, but it does have legal implications. A couple may reconcile for a brief period or for longer, and if they later decide to proceed with the divorce, the process can continue.

The Case of HK v SS: Recent Guidance

In the case of HK v SS , a couple who married in 2011 filed for divorce in May 2022 due to the irretrievable breakdown of their marriage. A Conditional Order was granted in September 2022, but neither party applied for the Final Order. The couple reconciled in March 2023 but later separated again in June 2024. HK then sought to finalise the divorce in August 2024, with both parties agreeing that the divorce should proceed.

In his judgment, HHJ Simmonds acknowledged that reconciliation should be given adequate time and should not be rushed by the court. He clarified that a reconciliation period of less than two years should be considered an “attempt at reconciliation” and will not necessarily prevent the final divorce order from being granted.

What Does This Mean for You?

The decision reinforces the idea that courts should give couples sufficient time to attempt reconciliation without imposing strict timelines. The flexibility provided under the DDSA means that couples are not rushed into decisions that could affect their long-term future. If you reconcile briefly but later decide divorce is still the best option, the court will allow the process to continue.

Key Considerations for Divorce and Reconciliation

1. Timing: If you've been granted a Conditional Order and then reconcile, the court will look at the length of the reconciliation. If it’s less than two years, it won’t prevent the final divorce order from being granted. However, if reconciliation lasts longer than two years, you may need to review whether the marriage has irretrievably broken down again before proceeding.
2. Court discretion: Judges have the discretion to decide whether to grant a final divorce order after reconciliation. They will consider factors such as the length of reconciliation and whether both parties still wish to end the marriage. This gives couples time to reflect and make thoughtful decisions.
3. No need to rush: The law understands that reconciliation is a deeply personal and emotional journey. The current system encourages flexibility, meaning couples aren’t under unnecessary pressure to make hasty decisions.
4. Finalising the divorce: If, after reconciling, both parties still decide that divorce is the best option, they can apply for the final order. Provided all necessary steps are followed, and both parties agree, the final order can be granted.

Legal advice on reconciliation and divorce

If you’re considering reconciliation but have already filed for divorce, it’s important to understand how this may affect the proceedings. Legal advice can help clarify your options, especially concerning conditional and final orders. An experienced family law solicitor can guide you through any complications that arise and ensure that you make informed, confident decisions about your future.

Reconciliation may offer hope, but it’s essential to be aware of how it might impact the divorce process. If reconciliation doesn’t work out or if you and your spouse decide to move forward with the divorce, understanding your legal rights will help ensure the process is as smooth and fair as possible.

For tailored guidance and support, don’t hesitate to reach out to one of our experienced family law solicitors on 0800 138 0458 who can provide you with the advice and assistance you need throughout your divorce journey.