Rory McIlroy’s divorce U-turn is ‘unusual, but great for family’, says legal expert

It emerged last month that the four-times major winner had filed for divorce from his wife, Erica, according to court documents in family court in Palm Beach County, Florida.

Divorce, separation and family law specialist Janice Spence believes this is a “good news story” for the family.

Ms Spence, who has a practice in Lisburn, Co Antrim, and has been a lawyer for 25 years, said such as a U-turn was “not terribly common, but it does happen”.

“That’s the reason why in our divorce set-up the question that you’re always asked by the court through your solicitor, through your barrister is, ‘Is there any prospect of a reconciliation?’

“And the judge will always carefully listen to what your answer is: it needs to be firm, it needs to be without hesitation, because the solemnity of marriage is very important, and to break the ties of marriage is something that is taken very seriously by us all in this area and the judiciary.”

If satisfied with the answer, a judge will issue a decree nisi – documents that signify the first part of the divorce is granted and that the court does not see any reason why a person cannot divorce.

There would then be a “cool-off period” to allow the individuals to decide about custody of children or to resolve issues around finances. Only after that can someone apply for their decree absolute, the final order that concludes the divorce process.

Speaking about his change of heart, McIlroy told the Guardian newspaper: “Over the past weeks, Erica and I have realised that our best future was as a family together.

“Thankfully, we have resolved our differences and look forward to a new beginning.”

You might have said things that are difficult to unsay, and your lawyer will have put those in the divorce petition

Ms Spence said couples “frequently reconcile” at an earlier stage because nowadays there is more support for couples who were in “crisis”.

However, when proceedings are issued, it is seen as the “final straw” and “you often won’t get reconciliation after that”. She has seen it only three times.

She said: “It’s not terribly common at their stage because my understanding is that he filed for divorce last month, so the papers were already before the court, and then they just in recent times notified the court that they wanted it effectively taken out.

“I think if you’ve issued proceedings it’s unusual, because if you have issued proceedings you’ve sat down with a lawyer and you have told the lawyer the reason why your marriage has broken down in fine detail.

“You’ve given aspects, if it’s unreasonable behaviour, and I don’t know what his was, but if it was for unreasonable behaviour, you will have discussed with your lawyer the very intimate details of your marriage and the reason why your marriage couldn’t continue to exist.

“So you might have said things that are very difficult to unsay, and your lawyer will have put all those particulars in the divorce petition.

“Once that’s out in the open, you can’t take it back, which is why we as practitioners say to someone, ‘This is the draft, you check it for mistakes and that all the information is correct and take the time to consider what you’re saying as you need to be very sure that when I go to lodge it in the High Court that that’s what you want to do’.”

It is also possible McIlroy issued proceedings on “no grounds”, Ms Spence said.

When it comes to people changing their mind about a divorce, her experience is that it is down to the spouse “adjusting their behaviour”.

Finances can at times be a factor if someone has “unreasonable expectations” of what they are going to get from a settlement.

Ms Spence added: “He’s saying now that their best future is together, which I think is great news.”