• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051
You are here: Home / News & Views / How long is too long?

News & Views · February 17, 2025

How long is too long?

In a recent family court case, HK v SS [2025] EWFC 5 (B), the Family Court sackled the complexities of reconciliation and divorce under the new legal framework introduced by the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). This case provides valuable insights into how the court exercises its discretion when parties reconcile after a conditional order has been granted.

Background

The parties, HK (the applicant) and SS (the respondent), were married in June 2011. After 11 years of marriage, they separated, and HK applied for divorce in May 2022, after the new ‘no fault’ divorce came in. The conditional order was granted in October 2022, but neither party applied for the final order immediately. Instead, they reconciled in March 2023, only to separate again in June 2024.

Legal Issues

The key issues before the court were:

  1. Whether a conditional order should be made final despite the parties’ reconciliation for 15 months.
  2. If not, whether the conditional order should be rescinded and the divorce application dismissed.
  3. How the court should exercise its discretion under the new rules.

Court’s Considerations

HHJ Simmonds, as the National Lead Judge for Divorce, provided guidance on these issues. The DDSA 2020 introduced significant changes, including the removal of the need to prove fault and the introduction of a sole ground for divorce: irretrievable breakdown of the marriage. The court must take the applicant’s statement as conclusive evidence of this breakdown.

Reconciliation and Final Orders

The court considered the reconciliation period and its impact on the divorce process. Under the new rules, parties can reconcile for up to a year without any court enquiry. However, if the reconciliation lasts longer, the court must determine whether the original basis for the divorce still stands.

Judgment

HHJ Simmonds concluded that an attempted reconciliation of up to two years should not bar the court from making a final order. This period allows parties to attempt reconciliation without feeling pressured by court-imposed timelines. In this case, the reconciliation lasted 15 months, and both parties agreed that the marriage had irretrievably broken down. Therefore, the court granted the application for the final order.

Conclusion

The case of HK v SS highlights the court’s flexible approach under the DDSA 2020, allowing parties time to reconcile while ensuring that the divorce process remains fair and straightforward. This judgment provides clear guidance on how the court will handle similar cases in the future, balancing the need for finality in divorce proceedings with the possibility of reconciliation.

 

Filed Under: News & Views Tagged With: delay, divorce

Previous Post: « Who let the dogs out?
Next Post: A Complex Family Dispute Unfolds in the Central Family Court »

Primary Sidebar

Recent Posts

  • Karen Dovaston joins Worshipful Company of Arbitrators
  • Married or not?
  • Child arrangement orders and non-molestation orders
  • A Complex Family Dispute Unfolds in the Central Family Court
  • How long is too long?

Footer

Review Solicitor

Contact Us

  • 112 The Broadway, Thorpe Bay, Essex, SS1 3HH
  • 0800 083 6051
  • [email protected]

Connect with Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Privacy Policy | Copyright © 2021 Dovaston Law is the trading name of Dovaston Law Limited.
Dovaston Law Limited is authorised and regulated by the Solicitors Regulation Authority, registration number 816750 Company Number: 13221943 (Registered in England and Wales) | Registered Address: 457 Southchurch Road, Southend on Sea, SS1 2PH
Website Hosting : Lift Legal Marketing · Log in

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
SettingsAgree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051