Joint Application Divorce – Pros and Cons

What is a joint application divorce?

As the name suggests, a joint divorce is where both parties to the divorce can complete the divorce procedure.

The ability to submit a divorce application as a couple is a relatively new option for separating couples.

Over the last 50 years, it has only been possible for one spouse to apply for divorce, with the majority of applications being fault-based grounds, such as unreasonable behaviour and adultery.

In a joint application, there is no Respondent as such. The parties will be known as Applicant 1 and Applicant 2.

When did it become possible to file a joint application for divorce in England & Wales?

It become possible to file for divorce jointly on April 6 2022 when the UK divorce laws changed to give way for a no-fault divorce.

Before this date, you had to prove your marriage had irretrievably broken down, and this often meant one party blaming the other.

This new approach to divorce is aimed to reduce conflict between parties and to allow them to focus on important aspects of divorce such as children’s arrangements and financial matters.

What is the process for filing for divorce as a couple?

1) Submit a joint application

You can either do this yourselves through Gov.uk or by using a reputable online divorce service or solicitor.

A key distinction between an online divorce provider and a solicitor is that an online divorce provider can work with both of you on your joint application.

However, the same solicitor cannot act for both parties.

Using solicitors for your joint application will also mean you have to use the slower paper process instead of the online digital portal.

Applicant 1 starts the divorce application, and then Applicant 2 fills in their information. Finally, Applicant 1 submits the application to the court.

2) Court begins divorce proceedings

After the application is received, it will take 2 weeks before the divorce officially begins. Once the court starts the divorce process, the 20-week reflection period begins.

This period of time is designed for couples to discuss important aspects of divorce such as children’s arrangements and financial matters.

It’s always an opportunity for couples to reconcile if they so wish.

3)  Conditional order – part 1

After the 20-week period of reflection is up, you can both apply for a conditional order to be made.

The conditional order, previously known as Decree Nisi, officially confirms that you are entitled to divorce.

4) Conditional order – part 2

The court will now review the conditional order and if they see no reason you cannot divorce then a ‘Certificate of Entitlement’ is issued to you.

This essentially confirms that you are entitled to a divorce.

5) Submit financial order

You must now wait for another 6 weeks before moving on to the next stage.

At this stage in proceedings, you are able to submit a consent order to the court to make any financial agreement legally binding.

You can achieve a clean break divorce once the next stage has been completed.

6) Application for Final Order

After a minimum of six weeks has passed you can apply for the final order (previously known as the decree absolute)

You will typically receive the Final Order between 24-48 hours after your application to the court.

This document legally ends your marriage.

How to make a joint application with your husband or wife

You can make a joint application for divorce if both of the following apply:

• you both agree that you should get a divorce
• you’re not at risk of domestic abuse

The first thing you’ll need to do is decide if you want to apply online or by post.

Whichever method you choose, your husband or wife must use the same.

Each stage of the divorce procedure requires both parties to confirm separately that they wish for the divorce application to continue.

If for any reason your former partner stops responding to the court, you can continue with the divorce as a sole applicant by applying to the court.

You will need to decide whether you want to attempt to do your own divorce or use online divorce experts to handle the entire process for you.

Whilst your situation may feel straightforward, there are multiple applications and forms that need to be completed correctly and on time if you wish for a quick and easy divorce.

Do you need the help of a solicitor to file for divorce together?

It’s a hard question to answer. There is no legal requirement to instruct a solicitor when getting a divorce.

Solicitors are often used by couples as a way of receiving professional legal advice on their options and financial position.

If both parties are in an agreement to divorce and have discussed their finances together, solicitors are rarely needed.

If you have complex financial decisions and/or can’t come to an agreement with your ex-husband or wife, then instructing a solicitor to help is sensible.