Is it possible to legally prevent my divorce?
Has your spouse has issued divorce proceedings against you and do you want to know whether you can to prevent the divorce?
If the answer to the first question is yes, then unfortunately the answer to the second is no, you cannot stop proceedings against you if your spouse is determined to get a divorce.
You could make it harder and more expensive for your spouse, at best to put pressure on the situation, but you cannot simply stop the divorce taking place.
Who controls the divorce?
The applicant (petitioner) is the person in the driving seat of a divorce. He or she can stop the divorce proceedings at any time. Even when a decree nisi is issued by the court, in order to make the divorce final a second decree known as a decree absolute must be applied for by the petitioner after six weeks and one day of the decree nisi being declared.
If the petitioner does not apply for a decree absolute the divorce could still be finalised by the respondent (petitioner’s spouse). The respondent is allowed to apply for a decree absolute after a further period of three months, meaning six weeks and one day, plus three months after the decree nisi.
If you are thinking about divorce or divorce proceedings have been issued against you, the most advisable thing that you can do is seek help from a specialist divorce solicitor. This will ensure that you understand the divorce procedure, what is expected of you and what your rights are over your children and marital assets.
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