The Family Court has issued important guidance on how to handle applications for a final divorce order when couples reconcile after receiving a conditional order, offering much-needed clarity under the Divorce, Dissolution and Separation Act 2020 (DDSA).

The ruling came in the case of HK v SS, heard by His Honour Judge Simmonds, the national lead judge for divorce. The judgment provides direction in situations where a reconciliation occurs after the granting of a conditional order, but before a final order is made.

The couple, married in 2011, separated after 11 years of marriage. In May 2022, HK filed a sole application for divorce, citing the irretrievable breakdown of the marriage. A conditional order was granted in October 2022, but neither party pursued the final order at the time.

In March 2023, the couple reconciled and resumed living together. However, the reconciliation lasted only 15 months, and by June 2024, they had separated again. In August 2024, HK applied to finalise the divorce. While both parties supported the application, the matter was escalated to Judge Simmonds due to uncertainty around reconciling under the DDSA framework.

Flexibility in no-fault divorce proceedings

Judge Simmonds affirmed that reconciliations lasting less than two years should not be considered a bar to making a final divorce order. He noted that the DDSA’s purpose is to simplify divorce, not to create rigid timelines or unnecessary hurdles.

“This case highlights that parties need time to reflect. They should not feel the pressure of an artificially imposed court timetable,” said Judge Simmonds.

He went on to say that reconciliations lasting over two years could suggest the marriage has not irretrievably broken down, potentially affecting the legal foundation for divorce. However, short-term reconciliation efforts—as in this case—do not negate the conditional order.

The court ultimately concluded that the couple’s attempt to repair their marriage was an understandable and human response, but not a legal barrier to divorce finalisation.

Implications for divorcing couples

This decision sets a precedent for greater judicial discretion and confirms that the DDSA supports flexible, real-life approaches to relationship dynamics.

Couples who briefly reconcile after a conditional order but ultimately decide to proceed with divorce can take comfort in knowing the law will not penalise them for trying.