This Help Guide will give you information about the following –

• How to withdraw (stop) your divorce proceedings
• How to withdraw (stop) your financial settlement proceedings
• How to halt (stay) your financial settlement proceedings
• How to withdraw (stop) your child arrangement proceedings
• How to halt (stay) your child arrangement proceedings
• How to withdraw (stop) an application submitted to the court or ask for a halt (stay)

It is your right to change your mind. 

It is your right to change direction.

It is your right to be amicable.

It is your right to even reconcile. 

This Help Guide will give you details on how to withdraw from or stop proceedings so you both can follow another path or temporarily halt proceedings so peaceful discussions can take place.

Please remember if you do withdraw from or halt proceedings please keep all your divorce paperwork, applications and court orders. You can store them in a box in the garage or elsewhere. Please do not throw them out. The reason for this is in case, for whatever reason, you need to inform the court about any previous proceedings you were involved in.

For information about how to withdraw (stop) or halt (stay) an appeal or your proceedings during an appeal please click the link below.

LINK TO OUR L.I.P HELP GUIDE FOR HOW TO APPEAL A FAMILY COURT DECISION

HOW TO WITHDRAW (STOP) YOUR DIVORCE PROCEEDINGS

SITUATION 1 – If your divorce application form D8 was submitted before 06-04-2022 and you are the person who completed and submitted form D8 to start divorce proceedings (you are the applicant) then ONLY you can stop divorce proceedings. You must complete and send form D11 to your local divorce centre and ask for a dismissal. You must attach a witness statement to your form D11 stating you would like a dismissal and the reasons why. If your ex-partner started divorce proceedings then they must do this.

LINK TO GOVERNMENT WEB PAGE FOR REGIONAL DIVORCE CENTRE ADDRESSES

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11  

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED.

If your decree nisi has been issued then you must send your form D11 and witness statement to the court that issued your decree nisi and ask them to rescind the decree nisi and dismiss your divorce application.

LINK TO GOVERNMENT WEB PAGE TO FIND YOUR LOCAL COURT

You must send (serve) a copy of your completed form D11 and witness statement to your ex-partner (the respondent) so they are aware you have applied for a dismissal. In some instances your ex-partner may be required to sign a copy of your form D11 but the court will inform both of you once you have submitted your form D11 if this is the case.

The court may request you and your ex-partner attend a hearing to discuss the dismissal and clarify some questions. However this is most unlikely unless there is an objection from your ex-partner.

SITUATION 2 – If you both submitted a joint divorce application form D8 after 06-04-2022 then applicant 1 must complete form D11 and send it to the same regional centre where you both submitted the initial application form D8. You must attach a witness statement signed by both you (applicant 1) and your ex-partner (applicant 2) that you both agree to withdraw from divorce proceedings, are requesting a dismissal and an explanation as to the reasons why.

LINK TO GOVERNMENT WEB PAGE FOR REGIONAL DIVORCE CENTRE ADDRESSES

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11 

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

SITUATION 3 – If you or your ex-partner submitted a sole divorce application form D8 after 06-04-2022 then the person who submitted form D8 (the applicant) must complete form D11 and send it to the same regional centre where the initial divorce form was sent and request a dismissal. You must attach a witness statement to your form D11 stating you would like a dismissal and the reasons why.

You must also send (serve) a copy of your form D11 and witness statement to your ex-partner (the respondent) so they are aware you have applied for a dismissal.

LINK TO GOVERNMENT WEB PAGE FOR REGIONAL DIVORCE CENTRE ADDRESSES

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11 

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may request you and your ex-partner attend a hearing to discuss the dismissal and clarify some questions. However this is most unlikely unless there is an objection from your ex-partner.

HOW TO WITHDRAW (STOP) YOUR FINANCIAL SETTLEMENT PROCEEDINGS

If you submitted form A to start court proceedings for financial settlement then ONLY you (the applicant) can withdraw the application. You must complete form D11 and send it to the court where the proceedings are being held and request a dismissal. You must attach a witness statement asking for a dismissal and detailing the reasons why.

You  must also send (serve) a copy of your form D11 and witness statement to your ex-partner (the respondent) so they are aware you have applied for a dismissal.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11 

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may request you and your ex-partner attend a hearing to discuss the dismissal and clarify some questions. However this is most unlikely unless there is an objection from your ex-partner.

HOW TO HALT (STAY) YOUR FINANCIAL SETTLEMENT PROCEEDINGS

Either partner (the applicant or the respondent) can complete form D11 and send it to the court handling your financial settlement case and request a stay. You must include a witness statement detailing the reasons why, what you would like and when you would like the proceedings to resume.

You must also send (serve) a copy of your form D11 and the witness statement to your ex-partner so they are aware you have applied for a stay.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11 

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may request you and your ex-partner attend a hearing to discuss the stay and clarify some questions. However this is most unlikely unless there is an objection from your ex-partner.

HOW TO WITHDRAW (STOP) YOUR CHILD ARRANGEMENT PROCEEDINGS

If you submitted a form C100 to the court to start child arrangements proceedings then only you (the applicant) can stop these proceedings. You will need to complete form C2 and attach a witness statement asking for a dismissal of proceedings and detailing the reasons why, what has happened and what you intend to do. You must send your form C2 to your local court where your child arrangements proceedings are being held. You must also send (serve) a copy to your ex-partner so they are aware you have asked for a dismissal.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may ask you and your ex-partner to attend a hearing so they can be sure that dismissal is the right way forward especially if there is an objection from your ex-partner. If Cafcass is involved in your proceedings then they will need to be informed and they may want to have a say.

HOW TO HALT (STAY) YOUR CHILD ARRANGEMENT PROCEEDINGS

Either partner can complete form C2 and send it to the court handling your child arrangements case and request a stay. You must include a witness statement detailing the reasons why, what you would like and when would you like the proceedings to resume. You must also send (serve) a copy of your form C2 and your witness statement to your ex-partner so they are aware you have applied for a stay.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may ask you and your ex-partner to attend a hearing so they can be sure that a stay is the right way forward especially if there is an objection from your ex-partner. If Cafcass is involved in your proceedings then they will need to be informed and they may want to have a say.

HOW TO WITHDRAW (STOP) AN APPLICATION SUBMITTED TO THE COURT OR ASK FOR A HALT (STAY).

If you would like to withdraw an application you have made to the court or ask for a stay then you must use the following application forms –

FINANCIAL SETTLEMENT PROCEEDINGS – Please complete form D11 and attach a witness statement

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11  

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED.

CHILD ARRANGEMENT PROCEEDINGS – Please complete form C2 and attach a witness statement.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

Please send your forms and witness statement asking for a dismissal of your application or a stay to the local family court where your case is being dealt with. Your witness statement must state the reasons why you are asking for a dismissal or the reasons why, what has happened and when you would like the application to be dealt with if you are asking for a stay. You must send (serve) a copy of your application form and witness statement to your ex-partner so they are informed.

The court may ask you and your ex-partner to attend a hearing to discuss the application for dismissal or a stay