In April 2022, the Divorce, Dissolution and Separation Act 2020 came into force, which reformed the divorce laws in England and Wales. The main reforms were the removal of the ‘fault’ or blame element of the divorce process, and the introduction of the joint divorce application.
What is a joint divorce application?
A joint divorce is where a couple mutually agree to end their marriage and submit an application for divorce together. Both parties are joint Applicants and agree to work jointly, and are equally responsible for the divorce throughout. Joint divorces are a more amicable and cost-effective way to end a marriage.
The no fault divorce process now makes it far easier for those who wish to amicably end to their relationship and to divorce without using a lawyer.
What is the difference between a sole and joint divorce application?
The steps for commencing a joint or sole application for divorce or dissolution are the same. The divorce process begins with an application to Court for a divorce, known as a Divorce Application.
For a sole application, the person making the application for divorce or dissolution is known as the Applicant, and the other party is known as the Respondent.
In the case of a joint application, both parties are Applicants (known as Applicant 1 and Applicant 2). There is no “Respondent” in a joint divorce application.
Both spouses must agree that the marriage has irretrievably broken down and be prepared to cooperate throughout the entire process.
Once the Court issues the divorce application it is sent to Applicant 2, who has to confirm receipt and confirm the contents of the application. As both parties are Applicants, they can complete the application for divorce or dissolution together, which removes the necessity for an Acknowledgement of Service form to be served and returned.
For those who began a joint application but find themselves in a situation where they cannot continue with it, perhaps because of a deterioration in the relationship with the other applicant, or if the other party fails to take the necessary action required to progress the application, it is possible to ‘switch’ the application from joint to sole. It is, however, not possible to change a sole divorce application to a joint application.
How do you make a joint divorce application?
The key steps to a joint application are as follows:
Both spouses or civil partners must agree that their marriage or civil partnership has irretrievably broken down, and be prepared to cooperate throughout the entire process.
An application can take place online or by post. The application will have both spouses listed as “Applicant 1” and “Applicant 2”. There is no “Respondent” in a joint application.
After 20 weeks from issue, the couple can jointly apply for a “Conditional Order”, which confirms their entitlement to a divorce or dissolution.
Six weeks and one day after the Conditional Order the couple can jointly apply for the final order to end their relationship.
Who pays for a joint application?
As the court system only allows for one person to make a payment, it is usual for one of the Applicants to be responsible for payment of the court fee when issuing the joint application for divorce.
Where both parties agree to a divorce, they can informally share the court fee between themselves, and reimburse the other later. For legal fees beyond the court fee, it is usual for each party to be responsible for their own fees. Where the divorce is mutual, some couples set aside an agreed fund to cover both party’s legal fees.
Is it quicker to make a joint application for divorce?
The process for a joint application of divorce or dissolution of civil partnership takes roughly the same amount of time as a sole application. Some time may however be saved if the joint application is signed by both parties at the same time thus dispensing with the need for service.
What are the benefits of joint application for a divorce or dissolution?
A joint divorce application is a “statement of intent” and simplifies matters by demonstrating both parties agree that their marriage or civil partnership has irretrievably broken down. Parties who agree to end their relationship together are more likely to reach a negotiated amicable financial settlement.
The key benefits to a joint divorce application are:
A more amicable divorce – Joint proceedings reflect that a couple both agree their relationship has irretrievably broken down, and both want the relationship to end.
Easier and quicker – By applying for a divorce/dissolution jointly, a couple can navigate the divorce process together. With mutual cooperation and agreement, couples can achieve a divorce in about 6 to 7 months.
No nasty surprises – Both parties are aware of the divorce or dissolution from the outset.
Mutual Involvement – As both parties are fully involved in the process, neither party will feel left out as they are jointly sharing the responsibilities and decisions involved in ending their relationship.
Emotional preparation – A couple can proceed when they both feel ready – allowing them time to emotionally prepare.
Less acrimonious and traumatic – As both parties are jointly involved and have chosen to end their relationship together, they can focus on the future, and not dwell on the past. This encourages couples to cooperate constructively when considering important issues such as reaching an agreed divorce financial settlement, and arrangements for any children.
Far cheaper – By receiving joint divorce legal advice there is only one legal cost involved (instead of the need to pay two sets of legal fees by using two lawyers). Using one divorce professional can save a couple an average of £2,300 per person.
When is a joint application not appropriate?
A joint divorce application may not be appropriate where there has been domestic violence, or an inequality of power where one party tries to dominate the decision-making process, which may lead to an unequal or unfair outcome.
We always screen for possible scenarios where a joint divorce application may not be appropriate.
Frequently asked questions about joint divorce applications.
What happens if I have a disagreement with my spouse or civil partner after issuing a joint application?
It is possible to alter a joint divorce to a sole divorce in the event of a disagreement. This prevents one spouse or partner from attempting to exert control or power over the other.
Can I file for divorce while living in the same house?
Yes, it is no longer necessary to be living apart to commence proceedings for divorce or dissolution. As long as you consider your marriage has irretrievably broken down you can apply to end your relationship.
Is a mutual divorce the same as a joint divorce?
Yes. A mutual divorce is where both spouses agree to end their marriage amicably and present a joint application for divorce. Mutual divorces reflect that both spouses agree the marriage has irretrievably broken down, and are generally more straightforward as both parties cooperate and plan the end of their relationship together.
Do we need two lawyers for a joint application for divorce or dissolution?
If you are making a joint application, one divorce specialist can prepare the divorce application for you both.
What documents do you need for a divorce?
You will need the original marriage certificate or certificate of civil partnership. If the ceremony took place abroad, you will also need a translation of the certificate.