Does The Chance of Reconciliation Affect A Divorce Settlement?
If you have already started the divorce process in England or Wales, reconciliation during divorce can have significant implications for your divorce financial settlement. The question of how reconciliation can affect a divorce settlement largely depends on the timing of events.
In this article, we will explore various scenarios when considering how the chance of reconciling during the divorce process can affect your divorce settlement:
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You may have reached a financial settlement for your divorce, but your divorce has not yet been finalised.
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Alternatively, you may reconcile when neither your financial settlement nor divorce has been finalised.
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Lastly, you may reconcile after both have been finalised.
What if we reconcile after agreeing on a financial settlement but before the Final Order?
If you have asked the court to decide on your divorce financial order, it is important to bear in mind that the arrangement will only come into effect when your Final Order is issued.
The Final Order is the final stage in the divorce process and signifies that your marriage has legally come to an end.
If you reconcile before your Final Order is issued (i.e. before the divorce is final), then the divorce financial settlement order will not come into force.
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The no-fault divorce process in England and Wales has an automatic 20-week ‘cooling-off’ period between when the divorce petition is issued by the family court and when you can apply for a Conditional Order.
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A Conditional Order is a document that confirms that the court sees no reason why you cannot divorce.
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After you receive your Conditional Order, there is another mandatory waiting period of 43 days (6 weeks and 1 day) before you can apply for a Final Order.
As such, if you’re wondering, ‘Can you reconcile after filing for divorce?’, the answer is that there is plenty of time built into the divorce process during which you can change your mind and continue as if the divorce settlement was not reached. In this scenario, if you do reconcile before the divorce is final, you can withdraw your financial settlement agreement application. If you then later go on to separate, you can resubmit the application to the courts.
What if we reconcile before agreeing on a financial settlement, but before the Final Order?
If you reconcile with your spouse before you agree on a financial settlement and before your divorce is legally finalised, as with the above scenario, you can continue as you were. This is because in the case of reconciliation before divorce, there is no legally binding agreement in place between you. No further action is needed, and you can resume your relationship without any formal financial consequences.
What if we reconcile after agreeing on a financial settlement and after the Final Order?
A common question that many people have is, ‘Is it possible to reconcile after divorce?’. While the answer is yes, it’s important to note that if you reconcile after you have reached a divorce financial settlement agreement and your divorce has been finalised, the settlement still stands. Once agreed and approved by the courts, a final divorce financial settlement cannot be reversed by reconciliation.
In practice, this means:
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Your divorce financial settlement agreement is legally binding and enforceable.
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Any arrangements or obligations to transfer property, share pensions, or make lump sum or ongoing spousal maintenance payments will remain in place – these are not cancelled due to the reconciliation.
If a clean break order was issued, you may no longer have any financial claims against each other.
Will the courts set aside a divorce financial settlement order if we reconcile?
In general, the courts will not simply set aside a divorce financial settlement order if you reconcile. Such orders effectively draw a line under the divorce arrangements and allow both parties to go their separate ways. If you then reconcile, you are viewed in the eyes of the law as cohabiting, unless you later get remarried.
If you have ongoing financial obligations to one another, for example, if one party is paying spousal maintenance to the other, it may be possible to either agree informally to end these payments, apply to vary the order, or have the maintenance order cancelled. Your divorce law Solicitor will be able to advise you on this matter.
Final words
The impact of reconciliation on your divorce settlement will depend on how far through the process you are currently.
If you are going through a divorce but are considering reconciliation with your spouse, speak to your divorce lawyer as soon as possible. They will explain your legal situation, given the progress of your divorce application and divorce financial settlement.
If you have finalised your divorce and financial settlement, it is especially important to understand your rights and obligations. It may be necessary to put in place a cohabitation agreement or, if you remarry, a pre-nuptial agreement to ensure that your legal rights are protected.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to your divorce, settlement, cohabiting, or reconciliation matter. To make an appointment, please contact us on 01932 840 111.