Joint Divorce Application

Joint Divorce Application Divorce law in the UK has undergone significant changes in recent years, primarily due to the introduction of the no-fault divorce regime under the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022.

A key element of these divorce reforms was the introduction of the joint divorce application. Under the old divorce laws, the divorce petition had to be made by just one spouse. Now, the parties can make a joint divorce application if they wish.

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What Is A Joint Divorce Application?

A joint divorce application is where both spouses mutually agree to end their marriage and apply together to the court for a divorce. The process differs from the traditional divorce process, which involved one party, known as the ‘applicant’, making an application to divorce the other, known as the ‘respondent’.

Joint applications can be used in both divorces and civil partnership dissolutions.

How Does The Divorce Process Work?

The Divorce, Dissolution and Separation Act 2020 revolutionised divorce law in England and Wales by removing the requirement that the applicant cite specific grounds for divorce, such as adultery or unreasonable behaviour, which often increased animosity between the parties.

Under the new law, couples need simply state that their marriage has irretrievably broken down; no blame needs to be apportioned. Furthermore, the couple can do this jointly by making a joint divorce application.

If you and your spouse make a joint divorce application, your divorce will proceed broadly as follows:

You and your spouse will make a joint divorce application.
After the mandatory 20-week cooling-off period has expired, you and your spouse can apply for a ‘conditional order’, previously referred to as a ‘decree nisi’.
Six weeks after the court has issued your conditional order, you and your spouse can apply for a final order, previously referred to as a ‘decree absolute’. This is the document that formally ends your marriage.

If either party changes their mind during the process, the other can continue the process as a sole applicant.

What Are The Benefits Of Making A Joint Divorce Application?

Making a joint divorce application has several notable benefits, including the following:

• Reducing Acrimony

One of the main advantages of a joint divorce application is reducing acrimony between the couple. Nobody has to apportion blame for the breakdown of the relationship, so the process is often more amicable. This can be particularly beneficial when children are involved since ongoing parental animosity can make the divorce more stressful for them.

• Quicker Resolution

Making a joint divorce application can facilitate a swifter conclusion to your divorce since the parties’ intentions are aligned.

• Cost-Efficiency

The fee for making a joint divorce application is the same as that for making a sole application. However, when a couple approaches their divorce amicably, there is less scope for lengthy disagreements, thereby reducing the parties’ legal costs.

Are There Any Disadvantages To Making A Joint Divorce Application?

There are some cases in which a joint divorce application is simply inappropriate because one party is unwilling to agree to the divorce. Even if both parties are amenable to making a joint divorce application, there can still be drawbacks, including the following:

• It Depends On The Parties’ Ongoing Cooperation

A joint divorce application depends on the ongoing cooperation of both parties. If either party changes their mind about the divorce, the application may need to switch to a sole application. This can cause tension and may delay the process.

• It Does Not Guarantee An Amicable Resolution

While the parties may agree on the fact that they wish to divorce, they may disagree on key issues arising from their separation. Decisions regarding matters such as how their assets should be divided and where their children should live can be a source of considerable tension and may require resolution through dispute resolution methods, such as mediation or arbitration. In particularly difficult cases, the parties may need to seek the court’s help to settle their issues.

Do I Need Legal Advice If My Spouse And I Are Making A Joint Divorce Application?

Yes, save in the most straightforward cases, such as when a couple has no assets or children, you will still likely need legal representation when making a joint divorce application.

As we have explained above, even amicable separations can give rise to complex issues relating to emotive topics such as finances and child arrangements. Legal advice from solicitors specialising in divorce law, like us, is essential in ensuring you and your family are treated fairly and receive everything you are entitled to.