Reconciliation attempts in divorce: MCA 1973 s. 6
Legal representative must discuss reconciliation with divorce applicant and provide names of qualified helpers; court may adjourn if reconciliation possible.
Provision shall be made by rules of court for requiring the legal representative acting for an applicant for a divorce order to certify whether the representative has discussed with the applicant the possibility of reconciliation and given the applicant the names and addresses of persons qualified to help effect a reconciliation between parties to a marriage who have become estranged. If at any stage of proceedings for a divorce order it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation. The power conferred by the foregoing provision is additional to any other power of the court to adjourn proceedings.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision requires that procedural rules make it compulsory for the solicitor acting for someone applying for a divorce order to certify that they have talked to the applicant about the possibility of getting back together and given them the names and addresses of people trained to help with reconciliation. If at any point during the divorce proceedings the court sees a reasonable chance that the couple might reconcile, the court can pause the case for as long as it thinks appropriate to allow efforts to reconcile. This power to pause is in addition to any other power the court already has to adjourn proceedings.
When it applies
- A solicitor files a divorce application without ever asking the client if they have considered reconciliation or giving them contact details for a marriage counsellor.
- During a divorce hearing, a judge notices that the couple are still living together and seem hesitant, so the judge adjourns the case to give them time to attend mediation.
- A person who wants a divorce is pressured by their solicitor to try reconciliation, and the solicitor provides a list of local mediators before proceeding.
- The court receives evidence that the parties have not seriously attempted reconciliation and postpones the final divorce order for several months.
What this section does not say
- This section does not force the applicant to actually attempt reconciliation; it only requires the solicitor to discuss it and provide names.
- It does not apply to judicial separation or nullity proceedings unless they are connected to a divorce order application.
- It does not give the court power to order the parties to attend reconciliation sessions; only to adjourn proceedings.
- It does not cover cases where the couple has already lived apart for five years and the respondent objects on grounds of grave hardship (that is covered by s. 5).
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This page reproduces the text of MCA 1973 s. 6 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.