Anybody watching the new series of Race Across the World will know all about team Yin and Gaz, a formerly married couple-turned best friends who *spoiler alert* were eliminated from the show at the third checkpoint last week. Their powerhouse friendship may not strike true for all divorced couples, and whilst they may remain romantically untangled, it raises the question: What if divorced spouses decide to reconcile their romantic relationship?
Reconciliation after divorce in England and Wales is not formally regulated under legislation, but there are some practical points for parties to consider:-
Remarriage – Once a Divorce is finalised, parties are legally free to remarry each other (or anyone else) provided they comply with the usual requirements for a valid marriage.
No-fault divorce – Since April 2022, when the no-fault divorce came into practice, parties are no longer required to provide specific reasons for their divorce. The only ground for a divorce now is irretrievable breakdown of the marriage. The intention behind this is to make the process less adversarial and less damaging to post-divorce relationships which may inadvertently encourage parties to reconcile in the process. Whether or not this is the case in reality remains to be seen.
Child arrangements – A child arrangements order can cease to have effect, for example if the parents live together for a continuous period of more than six months where the child is subject to a ‘live with’ or ‘spend time with’ order.
Financial Orders – As above, any financial settlement reached in the divorce will remain binding unless it is set aside by the Court. If the reconciled parties remarry, consideration may need to be given to set aside the order, particularly where there are ongoing maintenance payments.
Wills, inheritance and pension arrangements – Divorce does affect spousal entitlement in this respect and when parties divorce, they are almost always advised to change their Will. Parties may need to reconsider any provision taken away from their spouse in the divorce process.
Once a divorce is final, often the only way to restore the legal relationship, and the benefits that come with it, is to remarry. If you have reconciled your relationship post-divorce or are considering doing so, speak to a member of our Family Team. Call us on 01457 761320 to arrange a meeting.
