Reconciliation between conditional order and final order. Exercise of discretion r.7.19(6)(b)

Reconciliation between conditional order and final order. Exercise of discretion r.7.19(6)(b)

A period of reconciliation under two years after a conditional order does not invalidate the basis for divorce, and the court should allow the final order to be made. The parties' reconciliation of 15 months was an attempt that did not succeed, and the marriage remains irretrievably broken down. The application for final order is granted.

Parties
Applicant: HK; Respondent: SS
Jurisdiction
England and Wales
Judgment Date
15 January 2025
Procedural Posture
Divorce Application / Application for Final Order After Conditional Order and Reconciliation
Outcome
Application for final order granted
Legal Topics
Divorce, Reconciliation, Final Order, Conditional Order, Discretion of Court
Family Law Divorce Reconciliation Final Order Conditional Order Discretion of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

HK

Applicant

SS

Respondent

Procedural Posture

Divorce Application / Application for Final Order After Conditional Order and Reconciliation

Legal Issues

  1. 1 Whether a conditional order should be made final where parties reconciled for 15 months after conditional order
  2. 2 Whether the conditional order should be rescinded and the divorce application dismissed
  3. 3 How the court should exercise its discretion under r.7.19(6)(b) after reconciliation

Ratio Decidendi

A period of reconciliation under two years after a conditional order does not invalidate the basis for divorce, and the court should allow the final order to be made. The parties' reconciliation of 15 months was an attempt that did not succeed, and the marriage remains irretrievably broken down. The application for final order is granted.

Court Disposition

Application for final order granted

Orders

  • Conditional order to be made final