Divorce can be a complicated and emotional process. In some cases, couples may still be uncertain about whether they truly want to separate.
If there’s a chance of reconciliation, it can raise questions about how a divorce settlement is handled. Does the possibility of getting back together affect financial settlements, property division or child arrangements?
In this article, we will explore whether the prospect of reconciliation impacts divorce settlements and what factors you should consider if you’re unsure about proceeding with your divorce. If you need expert legal advice, keep reading to learn how you can access a free 30-minute consultation with our expert divorce and family law solicitors in London.
Can reconciliation delay or stop a divorce?
Under UK law, you can change your mind about a divorce at any point before the Final Order is granted. However, the process may vary depending on where you are in the divorce timeline:
- Before applying for divorce: No action is needed. You can simply remain separated.
- During the 20-week reflection period: Couples have time to reconsider before proceeding with a Conditional Order.
- After the Conditional Order is granted: You may withdraw your application before applying for the Final Order.
- After the Final Order is issued: The marriage is legally dissolved, and you would need to remarry if you wish to be together again.
If reconciliation is being considered, couples can pause or delay the divorce, but this does not directly impact how assets are divided unless specific legal actions are taken. Our fixed-fee divorce solicitors can provide clear guidance on the steps to take if you’re considering pausing or stopping the process.
How does no-fault divorce affect reconciliation?
Since the introduction of no-fault divorce in the UK under the Divorce, Dissolution and Separation Act 2020, couples no longer need to prove wrongdoing or assign blame for the breakdown of their marriage. This has made the divorce process more straightforward and less contentious, allowing couples to separate amicably. However, the law also includes a built-in 20-week reflection period, giving couples time to reconsider their decision before proceeding. If reconciliation occurs during this time, the divorce application can be withdrawn without legal penalties. If reconciliation fails later, the divorce process would need to restart from the beginning.
How does reconciliation affect financial settlements?
If reconciliation is on the table, financial settlements may be impacted in the following ways:
1. Consent Orders and financial agreements
- If a financial settlement has already been reached and a Consent Order has been issued by the court, it remains legally binding – even if reconciliation occurs.
- If the divorce is paused before a financial order is finalised, couples may choose to renegotiate their financial agreements.
2. Dividing marital assets
- If assets have already been split and ownership transferred, they will not automatically revert if the couple reconciles.
- If one spouse has received a lump-sum payment or transferred property, these transactions remain legally binding.
3. Pension and spousal maintenance
- If a spouse has been awarded spousal maintenance, this continues unless both parties agree to a change.
- If a pension-sharing order has been implemented, it remains in place, even if reconciliation happens later.
What if reconciliation fails after a financial settlement?
If a couple reconciles but later separates again, financial matters may become even more complicated.
- If a divorce was withdrawn before a final settlement, a new financial settlement would need to be negotiated from scratch.
- If the couple remarries, their financial rights may change, particularly regarding claims on assets.
- Any existing court orders from the initial divorce would remain valid unless renegotiated.
Should you pause a divorce if there’s a chance of reconciliation?
If reconciliation is a possibility, you may consider postponing the divorce. However, before making this decision, it is important to:
- Seek legal advice to understand your financial position.
- Consider mediation or counselling to explore reconciliation properly.
- Be realistic about the likelihood of long-term reconciliation before delaying legal proceedings.
Get expert legal advice on divorce settlements
If you are unsure about your divorce or how reconciliation might impact your settlement, seeking expert legal advice is essential. At Osbourne Pinner Solicitors, our divorce solicitors in Harrow, Canary Wharf and Piccadilly Circus can help you navigate complex settlements, financial agreements, and reconciliation concerns.
We offer a free 30-minute consultation to discuss your options. Contact us today via the form below, call 0203 983 5080 or email [email protected] to speak about our divorce legal services.
