Getting a divorce is often seen as a daunting process with the potential for a lot of conflict. Fortunately, the law has now changed to allow separating couples to apply for a divorce together. This is known as a joint divorce application and it can help to make divorce quicker and less stressful.
A joint divorce application is fairly self-explanatory. Instead of one party making a divorce application which the other then responds to, both parties act as joint applicants. This also means both parties are equally responsible for the progress of the application at every stage.
An individual can still apply for divorce alone (known as a ‘sole application’), in which case their spouse will be served with a copy and will need to return an ‘Acknowledgement of Service’ form to the court. A joint divorce application does not require this additional step.
For a free 30-minute initial chat about a joint divorce application, call Woolley & Co on 0800 321 3832 or complete our online form, otherwise, read on to find out more about joint divorce applications.
How do I make a joint divorce application?
The steps to making a joint divorce application are:
- You and your spouse will each need to complete an joint divorce application online (or a paper application if you decide to go down this route).
- As part of the application process you will need to decide whether you wish to apply for a financial order
- The court will ‘issue’ the divorce application.
- 20 weeks after the divorce application is issued by the court, you can apply for a Conditional Order (formerly known as the Decree Nisi). This confirms that the court sees no reason your divorce cannot proceed.
- During this 20 week waiting period you should finalise your financial agreement and file a Consent Order with the court if you are in agreement.
- 6 weeks after the Conditional Order is granted, you will need to apply for the Final Order (formerly known as the Decree Absolute). This legally ends your marriage.
Please note: Although you can complete this process yourself, it is advisable that you seek the help of a lawyer before starting the divorce application process. This helps to ensure that you understand the full implications of getting divorced for your personal situation.
What are the benefits of a joint divorce application?
A joint divorce application allows couples to mutually agree the marriage has irretrievably broken down, resulting in a more amicable and efficient legal process. By applying together, both parties share responsibility for progressing the case, reducing emotional conflict, and avoiding administrative delays associated with serving papers, which in turn sets a positive foundation for resolving financial and children matters outside of court.
What are the costs involved in a joint application?
The primary cost is the current court fee of £612 (in England and Wales), which one party typically pays upfront but can be privately split between the couple. Additional costs include legal fees which one or both parties may incur in respect of the divorce application. Both parties will require separate, independent legal advice when formalising the separate financial settlement using a consent order (which carries its own small fee, currently £60) as well as the lawyer’s costs related to the drafting of the consent application. If both applicants meet the criteria, they can make a joint application for divorce under the government’s Help with Fees scheme to reduce or remove the £612 court fee.
What are the main requirements or conditions to be eligible to submit a joint divorce application?
To be eligible for a joint divorce application in England and Wales, you must:
- Have been married for at least one year and be able to provide a valid marriage certificate.
- Meet the legal jurisdiction rules (for example, one or both of you lives or is domiciled in England or Wales).
- Agree the marriage has irretrievably broken down.
- Be willing and able to cooperate throughout the process, as both parties must sign documents at each key stage.
- Be in regular communication, as a joint application is not suitable where there is conflict, lack of contact or safety concerns.
No further evidence or reasons like unreasonable behaviour or adultery are needed.
What is the difference between joint and sole divorce applications in the UK?
While many of the basic aspects of the divorce process are the same for both joint and sole applications (such as the waiting periods for Conditional and Final Orders), there are also certain differences.
Sole divorce applications have an applicant and a respondent, whereas joint divorce applications involve two applicants (Applicant 1 and Applicant 2). During a joint divorce, both parties will need to separately confirm whether they wish to proceed with the divorce.
During a joint divorce application, if one party stops responding, the other can continue with the divorce joint application as a sole applicant. Conversely, a sole divorce application cannot become a joint application further down the line.
In both sole and joint divorce applications, the court fee is still paid by one party, so it will be up to the couple to decide whether this fee should be split between them.
How long does a joint divorce application take?
It now takes a minimum of 7 months to get a divorce in England and Wales. This is due to the compulsory 20-week and 6-week waits outlined above and the time taken for response from both parties and the courts.
How long it takes to divide your finances and make child arrangements will depend on the circumstances. Generally, if you can agree on these issues voluntarily, it will be much faster than if you need to apply to a family court to deal with them.
Can a joint divorce application be changed to a sole application if one person becomes uncooperative?
Yes, if one party becomes uncooperative or fails to act after the initial submission, the other applicant can apply to the court to convert the joint application into a sole application and continue the process alone. This is a crucial safeguard within the ‘No-Fault Divorce’ system, ensuring that an uncooperative spouse cannot stop the divorce itself; the remaining applicant can simply take over as the sole Applicant, ensuring the divorce progresses through the conditional order and final order stages.
Do I need legal advice before making a joint application for divorce?
A divorce is the legal ending of a marriage and there are important legal implications you should understand. One of our experienced divorce solicitors will be able to explain all of this to you and advise on any actions you might need to take in relation to your will, home ownership, pension beneficiaries and tax arrangements which will all be affected by your divorce.
Whilst the divorce ends the marriage it does not automatically sever financial ties. Our divorce solicitors will be able to advise on and draft a legally binding agreement that does this for you. If necessary, this can include a clean break clause to ensure neither party is able to make any financial claim on the other at any point in the future.
How Woolley & Co can help with joint applications for divorce
Applying for a joint divorce involves completing an online application that includes both partners’ details, contact information, and a certified marriage certificate, as well as confirming the court’s jurisdiction. While couples can complete this process themselves, our solicitors can guide you through each step, ensuring the application is accurate and submitted correctly.
We also support clients with obtaining the Conditional Order and Final Order to help progress the divorce efficiently. Under the current no-fault divorce rules, it’s important to understand how the updated process works, your legal rights, and how decisions made during the divorce may affect your finances, pension and tax position, which is why getting specialist legal advice is essential.
In addition to handling the divorce itself, we provide expert guidance on the division of finances and arrangements for children. Financial matters, including the division of assets, pensions, savings and property, as well as potential maintenance arrangements, can be the most time-consuming aspect of a divorce.
Our team helps couples reach amicable agreements where possible or supports court applications where needed. For child arrangements, we prioritise the welfare of your children, assisting with voluntary agreements, negotiation and mediation, and offering support with securing a Child Arrangements Order through the family court if required.
Our divorce solicitors in the UK are here for you
Applying for a divorce and dealing with issues around finances and children can be stressful, but this doesn’t have to be the case. Our sensitive, expert team are on hand to guide you and keep things as straightforward as possible.
To take advantage of your free 30-minute consultation with an expert local family law solicitor, call 0800 321 3832 or complete our quick online form.