Withdrawal of Divorce Proceedings

QUESTION
I filed for divorce, and we have already been divorced. Can I withdraw the divorce if I was the one who filed the petition?

ANSWER:
Pursuant to § 29(1) of the Civil Non-Contentious Procedure Code (CNPC):

“The petitioner may, during the proceedings, withdraw the petition to initiate the proceedings, in whole or in part.”

In such a case, the court will terminate the pending divorce proceedings.

The court could refuse to terminate the divorce proceedings only if one of the other parties to the proceedings (in this case, the other spouse) did not consent to the withdrawal of the divorce petition.

From your question, however, it follows that your marriage has already been dissolved by a court decision, meaning that the divorce proceedings are considered formally concluded. There may still be the possibility of lodging an appeal against this decision.

Pursuant to § 362(1) of the Civil Contentious Procedure Code (CCPC):

“An appeal shall be lodged within 15 days of delivery of the decision to the court whose decision is being appealed.”

After this 15-day period expires, the divorce decision becomes final and no appeal may be lodged.

You would also be unable to appeal if, after the pronouncement of the divorce decision, you waived your right to appeal in accordance with § 368 CCPC.

According to § 359 CCPC, a person entitled to file an appeal is:

“A party against whom the decision was issued.”

If you were the petitioner in the divorce proceedings and your former husband was the respondent, the right to appeal the divorce decision would belong only to him, as the dissolution of the marriage was in line with your petition and therefore in your favour.