Withdrawing Divorce Application

C

cavanman2015

Registered User
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Im not sure I can easily explain what I want to do but here goes.......I am legally seperated 4 years and would like to "tidy things up" by progressing to a divorce. I do not absolutely need to divorce right now although I envisage a time in the future when I meet someone and eventually would like to remarry. I'd prefer to have things sorted out rather than be under a lot of pressure to get a divorce at some point in the future. I also do not like the fact that I am technically still married to my ex. Relations with the ex (despite my best attempts) are very very poor, and the long family law history to date is that she only agrees to things at the last minute or literally in front of the judge. All the indicators are that this is how a divorce would play out, and I would not know whether I would get a divorce by consent until the "steps of the court"

My question is as follows; If I went through the divorce application process and it was clear that things were going pear shaped and I could end up with an unsatisfactory outcome(ie no divorce application by consent, re-opening of original terms & risk of significant adverse revision of the original seperation terms), at what stage can you withdraw a listed divorce application?

On the morning of the court case before the cases for the day are called ?
On the day of the court after the case is called but before it is heard by the judge later that day?
Right in front of the judge (sorry judge we can't reach any agreement, I wish to withdraw my application, sorry for inconveniencing the court.......... ?)
ie what is the point of no return??

I am considering doing a DIY divorce (with my FL solicitor assisting in the background), but would consider dumping the case if it was a contested case and then only going the "high cost" route at some point in the future if I "had" to get a divorce.
 
"at what stage can you withdraw a listed divorce application?"

Before you serve the Civil Bill.

Once the proceedings are served, you've lost control of the situation and your wife can, if she wants, take control if you want to withdraw the application.

I think you already know that this won't be an easy file. The chances of the original separation terms being re-visited are slim unless there has been a significant change in circumstances.

mf
 
Why give yourself the grief, the only thing divorce gives you is the right to re-marry, and that's not on the cards right now.

Leave the hare sit, time can solve many problems.
 
Sorry to hear about your situation. I followed my solicitor's advice and divorced (amicably) last year after 4 years separated. He advised not to leave it "too long" because in his experience most people resented having to deal with it and having to present affidavits of means, etc. 10, 15, 20 years after separating. Plus it's another step in moving on, even if only a mental or emotional step, but a big one in my experience. Best of luck with it!
 
@iamaspinner - can I ask if the terms of the JS (if you had one) were used as a basis for the divorce, or were the initial terms of the separation agreement changed during the divorce agreement?
 
Daihi40 said:
@iamaspinner - can I ask if the terms of the JS (if you had one) were used as a basis for the divorce, or were the initial terms of the separation agreement changed during the divorce agreement?
Click to expand...

We did not have a judicial separation. Our Deed of Separation was the basis for our divorce. I don't think we changed anything (we haven't to this day). We only had to add the bit related to pensions: none of us was interested in the other's pension contributions or entitlements, as payments if any will ultimately be going to the kids.
 
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