Q&As

Where a respondent to a divorce makes an application on Form D11 for an order dismissing the divorce application on the basis that the respondent claims that the parties have reconciled and the applicant opposes that application and wishes to proceed with an application for a conditional order, how will the court approach the applications?

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Produced in partnership with David Salter

Published on: 06 December 2024

In answering this question, it is assumed that the divorce application was issued on or after 6 April 2022.

The court will list for the respondent’s application to dismiss the divorce application on the basis that the parties have reconciled before a district judge. If the applicant maintains their position at the hearing that there has been no reconciliation and that they wish to proceed with the divorce and apply for a conditional order, the district judge

David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family.