a wooden block that says trust, surrounded by blue flowers

When couples decide to call time on their marriage, they often embark upon the legal journey of divorce, which entails settling financial matters and, if relevant, arrangements for children. Yet life is rarely so simple. Sometimes, in the midst of a divorce or even after a decree absolute (now final order), spouses rediscover old feelings and decide to give their relationship another chance.

If you are in this position, you may well be asking: “If I reconcile will that affect my divorce settlement?” The short answer is that it could, but the detail depends on your individual circumstances and whether you already have a court-approved financial order in place.

In this blog, we explore how reconciliation might affect your financial rights, what the law in England and Wales says about couples who try again, and how tools like Post-Nuptial Agreements or Reconciliation Contracts can help.


Divorce law in England and Wales primarily focuses on the finality of the marriage breakdown. Once the marriage is legally ended, each party typically wants certainty that the financial arrangements are settled for good. However, love can be unpredictable. Sometimes people divorce but later decide to reignite the relationship, or they pause mid-process to consider trying again.

The key question from a legal standpoint is whether any binding financial agreement has already been approved by a court. Such an agreement is commonly referred to as a Financial Remedy Order. If there is no finalised Financial Remedy Order, this means the door remains open for either spouse to make fresh financial claims, which can be quite problematic if one spouse has already received or spent their share from an informal agreement that was never made legally watertight.


Financial Remedy Orders Explained

A Financial Remedy Order (formerly known as an ‘Ancillary Relief Order’) is effectively the official seal on your divorce settlement. It sets out the division of assets, spousal maintenance (if any), pension sharing orders and other financial obligations between the parties. Once sealed by the court, this document makes the settlement binding and enforceable.

Key Point: If you and your ex-spouse have finalised a Financial Remedy Order, then as far as English law is concerned, you have drawn a line under that chapter. Any new financial arrangements you make together, even if you reconcile romantically, will not automatically rewrite the terms of that original settlement. Instead, if you later split again, you could be treated as cohabitees rather than as a married couple for any assets acquired post-divorce, unless you remarry.


Reconciling Without a Financial Remedy Order

Perhaps you separated some time ago but never turned your informal settlement into a court order. Maybe you are only part way through the divorce process, or your decree absolute has been granted, but no formal financial remedy application was ever completed. In these scenarios, the law still regards your financial claims as ‘open’.

Why does this matter?

  1. Matrimonial Assets Re-Established: If you move back in together and pool your resources, you risk creating a scenario where any assets either of you acquires might be viewed as marital assets once again. If the second attempt at marriage fails, those assets could be subject to division in a way that might feel unfair, especially if you believed the financial settlement was done and dusted.
  2. Double Dip Risk: Suppose you had already honoured an informal split of assets—selling a property and sharing the proceeds, for instance—and your ex-spouse used their share in a way you would not approve of. Without a binding court order, they could still have a claim for further provision in the event of another breakup. This is often referred to as having a “second bite of the cherry”.
  3. Emotional and Financial Uncertainty: When you reconcile without any formal agreement, you are not only risking your emotional wellbeing if things do not work out, but also any financial security you think you hold.

Reconciling With a Financial Remedy Order

If you have a Financial Remedy Order already sealed by the court—whether by consent or otherwise—your financial claims against each other are generally considered resolved based on your status at the time of that order. Once you reconcile, you effectively become cohabitees in the eyes of the law, unless you decide to remarry each other.

Implications as Cohabitees:

  • Property Ownership: If you purchase a property together after your divorce, the question of who owns what share could be governed by trust and property law rather than family law. If you are contributing different amounts towards the deposit or mortgage, it is crucial to draw up a Declaration of Trust to record precisely how much each person is investing and how any future sale proceeds should be split.
  • New Joint Debts or Assets: Any new assets or debts taken on jointly would be regarded separately from your old marital pot. This means you need to be crystal clear about ownership and responsibility. If you were to break up again, you might end up in a dispute under property law rather than simply revisiting your original Financial Remedy Order.
  • Remarriage: If you do decide to get married again, you might trigger a whole new set of marital rights and obligations. However, any assets already dealt with by the original Financial Remedy Order might still remain subject to those past arrangements, unless overridden or varied by a new agreement.

Post-Nuptial Agreements and Reconciliation Contracts

Post-Nuptial Agreements have become more commonplace in England and Wales in recent years, particularly following key cases like Radmacher v Granatino. They are drawn up after a marriage has already taken place. If you are still married but separated (or considering separation) and want to protect your assets, a Post-Nup could be a pragmatic option if you decide to reconcile whilst legally remaining husband and wife.

Reconciliation Contracts are a relatively novel concept on this side of the Atlantic, more commonly seen in the United States. However, they are starting to gain traction in England. A Reconciliation Contract is a type of post-nuptial agreement that does more than simply record who gets what if the marriage ends; it may also set out the emotional and personal commitments that the couple agrees to. It might include promises to address addictive behaviours, reduce working hours to spend more time together, or attend counselling sessions. By combining personal goals with a predetermined financial framework should the relationship fail, a Reconciliation Contract can provide clarity and confidence for couples giving marriage another go.


Cohabitation Agreements

If you do not remarry but merely live together again, you might wish to consider a Cohabitation Agreement. This document outlines each party’s financial interests, clarifies how you will deal with any joint purchases, and ensures you are both on the same page about who contributes what. It offers a layer of protection if you later decide to part ways.


Emotional and Practical Considerations

Reconciliation can be a positive step if it comes from a genuine desire on both sides to repair and rebuild. Nevertheless, it pays to be realistic. If trust was broken, you may face the same issues again unless you both truly work on the root causes of the breakdown. From a legal viewpoint, clarity is paramount. Whilst it might seem unromantic to sign documents when you are trying to rekindle a relationship, such measures can in fact enhance trust, because each party knows exactly where they stand financially.


Conclusion

So, “If I reconcile will that affect my divorce settlement?” The answer depends largely on whether you already have a legally binding Financial Remedy Order in place. If you do not, reconciling could effectively reset the clock, placing you both in a precarious position should the relationship fail again. If you do have a Financial Remedy Order, you remain bound by that original agreement, but any new assets acquired could become subject to property and trust law if you split subsequently.

Ultimately, the best approach is to seek specialist legal advice tailored to your personal circumstances. Consider Post-Nuptial Agreements or Reconciliation Contracts if you believe they would offer clarity and reduce future disputes. Similarly, if you simply plan to cohabit without remarrying, a Cohabitation Agreement may be invaluable. You are not alone in facing these uncertainties—countless couples consider giving their love another chance, but it is wise to proceed with open eyes and proper protections. Having the right legal framework in place can help you focus on making your renewed relationship a success.