Under the UK’s no-fault divorce process, which was introduced in April 2022, it is possible for both parties to apply for divorce (a joint divorce application) or for one party to apply on their own (a sole divorce application).
Joint vs Sole Divorce Application Process and Fee
The main steps involved in a divorce are the same whether making a sole or joint application. The process starts by making an application to the court for a divorce, and applicants must apply for a Conditional Order and, later, a Final Order. There are some slight differences between joint and sole divorce applications. With a joint divorce application:
- There are two applicants named on a joint divorce application, referred to as ‘Applicant 1’ and ‘Applicant 2’. However, with a sole application, the parties are referred to as the ‘Applicant’ and the ‘Respondent’.
- Both parties are equally responsible for the divorce from the point of the initial application, through to applying for the Conditional Order, and applying for the Final Order.
- Applicant 2 is not ‘served’ the application by the court, meaning that there is no need for them to sign an ‘acknowledge of service’. Instead, they receive a copy of the application to confirm the contents and their details before it is sent back to applicant 1.
- Although Applicant 1 will have to pay the divorce application fee, Applicant 2 is encouraged to pay an equal share. The current divorce application fee is £593.
- If one party does not confirm their intention to continue with the joint divorce process, it is then possible to switch to the sole divorce application process.
Once the joint divorce application has been submitted and processed by the court, both parties will be asked to confirm that they wish to continue with the process at each stage. The next stages of divorce are as follows:
- Apply for a Conditional Order (previously referred to as a Decree Nisi) – at least 20 weeks after the divorce process formally starts.
- Apply for a Final Order (previously referred to as a Decree Absolute) – at least 6 weeks and 1 day after the Conditional Order has been issued by the court. Once the Final Order is issued, the marriage is formally ended.
Benefits of a Joint Divorce Application
Joint divorce applications in England and Wales have a number of key benefits:
- Quicker divorce with fewer delays
- Potential to use the same divorce solicitor
- Less stressful
- More amicable
- Application fees can be split equally
- Option to switch to a sole divorce application if ex-spouse stops responding to divorce papers
Quicker divorce with fewer delays
Joint divorces may be faster overall because both applicants agree to divorce and are actively engaged in the process from start to finish. The divorce application does not require Applicant 2 to return a formal acknowledgement of service online or via post. With sole applications, there is the potential for one party to delay responding or to disagree with the divorce.
Potential to use the same divorce solicitor
As long as there is no significant risk of conflict arising, it becomes feasible to use the same divorce solicitor when applying jointly. Using the same solicitor can help avoid conflict, allow for a smoother divorce process, and reduce the legal costs of divorce. There is also no potential for delays in communication between divorce solicitors.
Less stressful
With a joint divorce application, there is certainty as to what will happen next. One party does not need to worry that the other may delay or otherwise frustrate the process.
More amicable
Parties that file for divorce together are more likely to co-operate when it comes to reaching an agreement on financial settlement, child arrangements and other matters. Both parties are also more likely to communicate in a more respectful manner for the benefit of themselves and any children from the marriage.
Option to switch to a sole divorce application if ex-spouse stops responding
If one party does not confirm their intention to continue with the joint divorce process, it is then possible to switch to the sole divorce application process.
Cons of a Joint Divorce Application
Some of the cons of a joint divorce application include:
- May be more difficult to pursue hidden assets
- Can be more complex and more time-consuming
- Continuous communication is required
May be more difficult to pursue hidden assets
Using the same divorce solicitor may make it more difficult to pursue hidden assets and protect your financial interests. It is often better to engage a separate solicitor who will represent your interests only. That said, it is not mandatory to use the same solicitor if applying jointly for divorce in England and Wales; you are free to engage your own separate divorce solicitor.
Can be more complex and more time-consuming
Each stage of the divorce requires the input of both applicants. The risk is that if one party stop co-operating, the process can become more complex and time-consuming. With a sole divorce application, the respondent is only needed at the beginning to confirm the receipt of the divorce petition.
Continuous communication is required
Joint divorces typically require continuous communication throughout the process. Continuous communication is not always possible or desirable during divorce, which can make joint divorces particularly stressful.
When is a sole divorce application better?
A sole divorce application is normally advisable in situations of domestic abuse or where both parties are unable or unwilling to communicate amicably during the process. It is also better in situations where one party wishes to divorce, but the other does not.
To discuss your divorce and whether you should make a sole or joint divorce application, please speak to our specialist divorce solicitors, who can recommend the best course of action based on your individual circumstances. We will provide the support and guidance that you need and do all we can to make sure that your best interests and those of your children are protected through the divorce process.
