22/10/2025
*No, You Can’t Get a Divorce Yet*
Not long ago, we wrote to another lawyer about a divorce petition he had filed for his client.
When we looked at the documents, something immediately stood out. The JPN certificate (KC19) attached to the petition was issued ten years ago. Since then, the couple had reconciled, lived together again, and are in fact still staying under the same roof today.
Legally, that meant the certificate could no longer be used. The Petitioner should have either gone back to the conciliation body for a new referral or applied to the court under Section 106 of the Law Reform (Marriage and Divorce) Act 1976 for an exemption.
We pointed this out gently to her lawyer but he brushed it aside. Maybe he thought, being senior, he could push it through.
The High Court agreed with us and the divorce petition was struck out.
And no, we didn’t ask for costs.
Our client didn’t want to “win” anything.
He just wanted to save his marriage.
Moments like this remind me why family law is unlike any other area of practice. Behind every affidavit, there’s a home. Behind every exhibit, there’s a story.
Sometimes, it’s not about who’s right or wrong- it’s about whether there’s still something left to hold on to.
As lawyers, we must remember that a divorce is not just a procedure; it’s a turning point in someone’s life. And maybe, just maybe, if the law gives them one more chance to try, we should honour that chance.