Should I make a sole or joint application for divorce?

Why can couples now make a joint application for divorce?

The reforms introducing no-fault divorce to England and Wales through the Divorce, Dissolution and Separation Act 2020 were aimed at making the divorce process simpler and less acrimonious. The new ability for couples to make a joint application for divorce is evidence of this – many couples come to a joint understanding that their marriage is no longer working, and the option to make a joint application empowers such couples to make the decision to divorce together.  

In a joint application, both parties are jointly responsible for progressing the application. As parties apply together, a sufficient level of cooperation is required.

In a sole application, only one party makes the application and manages the process.

applying for divorce in england & Wales

Regardless of whether you are making a single or joint application, you can apply for a divorce online via the government website or by post. If you have instructed a solicitor, they will make this application on your behalf.

To apply for divorce, confirmation of the irretrievable breakdown of the relationship is required, as this is now the sole ground for divorce following the introduction of no-fault divorce. No proof of this is required, it is simply a matter of the ‘Yes’ tick box being selected.  

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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Making a joint application

In a joint application, both parties apply for divorce together and are known as ‘Applicant 1’ and ‘Applicant 2’. Applicant 1 must prepare the application, and then Applicant 2 must review and approve it. Therefore, a level of cooperation is required for a joint application to be made. 

Once the application had been made by the parties, the court will provide them with a notice of proceedings. Each applicant must confirm receipt of this within 14 days.  The fees payable are often split in joint applications.

It is possible to initiate divorce by making a joint application and then continue proceedings as a sole applicant at the conditional or final order stage. This may be necessary if your spouse becomes uncooperative. 

Making a sole application

In a sole application, one party applies for divorce. They are the applicant, and their spouse is the respondent. It is good practice to provide the respondent with a draft of the application before it is sent to the court, though this is not a requirement.  In sole applications, the applicant will typically pay the court fees, rather than sharing the cost like in joint applications.

The court will then serve the respondent with the divorce application and an acknowledgement of service (AOS) must be completed. The respondent has 14 days to complete and return the AOS to the court. If they fail to do so, the applicant can: 

• Instruct a process server to deliver the documents 

• Apply for a court bailiff to serve the documents 

• Apply for substituted service 

• Apply for deemed service 

Learn more about your options if your spouse fails to complete the AOS here.  

Which option is right for me?

Whether you make a sole or joint application will have no effect on the outcome of the divorce or any financial remedy orders which the court may make. The difference between the two types of application is the degree of collaboration between the parties throughout the divorce process. 

Furthermore, whether you make a sole or joint application can affect your eligibility for ‘Help with Fees”, which provides either an exemption from paying the court fee, which is currently £593, or a discount. Eligibility is based on income and financial resources. For a joint application, both applicants must be eligible.  

For many couples who choose to make a joint application, the benefit is symbolic, representing that their divorce is a mutual decision and without conflict.  

But, if you believe there is a possibility that your spouse will uncooperative, making a sole application may be your best option. Fortunately, though, your spouse will only be able to contest a divorce application in extremely limited circumstances, namely: 

1. If they dispute that England and Wales is the correct jurisdiction to initiate proceedings 

2. If they dispute the validity of the marriage 

Where there are allegations of abuse, a sole application will likely be the most appropriate option. Additionally, if there is a significant power imbalance between you and your spouse, or you have doubts over their financial disclosure, making a sole application will again be more appropriate in most cases.