Can I withdraw my divorce petition?

Filing an application (petition) for divorce is not an easy decision to make. You may have contemplated this for a significant period of time, possibly over a number of years, before doing so. Since April 2023, we have had online ‘no-fault divorce’ which simplifies the procedure and removes the need to lay blame as to why the relationship broke down.

However, the waiting periods were extended from April 2023 largely to answer the concern that divorce would be too “easy” and therefore increase family breakdown.

Once the application has been filed and the fee paid, the Court will then serve the application by post to the respondent’s home address. The respondent will also receive an electronic notification by email to the address provided. The respondent will review the application once received and must log in to the HMRC system to ‘acknowledge service’ before being able to progress further. This process is essentially answering a few short questions which should only take a few minutes to answer.

Withdrawing the Divorce Application

You will need to make an application to the Court to formally withdraw the application on Form D11, which must be signed and dated. It must also include the case reference, parties’ names, addresses for service and either a request for a hearing or a request that the application be dealt with ‘on paper’ (which essentially means without a hearing before a Judge). It is usually advisable to seek that the application be considered on paper without the need for a hearing. You should upload this form to the HMRC portal and you will need to submit the relevant Court fee.

Where the application has been acknowledged by the respondent and you have perhaps reconciled and decided not to proceed any further, then the application can be withdrawn by agreement. Again, the application should be made in Form D11 asking the court to dismiss the application accompanied by a consent order signed by both parties.

Should you wish to withdraw the application after pronouncement of the conditional order (formerly called Decree Nisi) then the application should also seek to rescind the conditional order as well as dismiss the application.

Once your final order of divorce (formerly known as Decree Absolute) has been granted you are no longer able to withdraw your divorce application and would in effect have to remarry.

If you are contemplating withdrawing your divorce application, please contact the family team at Anthony Gold Solicitors by sending an email at mail@anthonygold.co.uk or calling us on 020 7940 4060 to arrange an appointment.

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