Sole or joint divorce application?

With the introduction of no-fault divorce back in April 2022, one of the new measures put in place by the court was the ability for individuals to be able to make a joint divorce application together.  

This was largely done in an attempt by the courts to prevent the more adversarial approach of divorces previously, and to help allow for parties to go through divorce proceedings in a more amicable fashion.

Individuals often find themselves unsure as to whether it would be best in their circumstances to proceed in an application for divorce solely, or jointly with their spouse.

In sole applications, as the name suggests, only one individual will make the application for divorce (known as the applicant), and the other side will need to respond to the application once it has been issued by the court to confirm if they are happy for the divorce to proceed (known as the respondent). In a joint application, the parties will be known as applicant 1 and applicant 2 and will together apply for the divorce with no need for either to respond to the issued divorce application from the court.

After the initial application has been issued by the court in a joint divorce, the parties will at each stage of the divorce both need to take the necessary steps to progress e.g. when looking to apply for the conditional or final order for divorce, both parties will need to indicate that they wish to proceed. However, in a sole application, only the applicant will need to apply for these, and the only thing the respondent needs to do, is respond to the initial divorce application once issued by the court. What this means is that by proceeding as a sole application, you will have significantly more control over the timeline of divorce than you may in a joint application. A sole application also prevents the circumstance where if one party during proceedings wishes to proceed with the divorce, but the other side doesn't, that a separate application must be made to turn the joint application into a sole application, wasting time unnecessarily.

One other aspect in respect of sole vs. joint divorce applications is the ability to receive independent legal advice or assistance regarding the same. Whereas with sole applications, either individual can instruct their own desired legal representative, in a joint application this proves much more difficult. Solicitors have a duty to prevent any circumstances where they may find themselves in a conflict of interest. If a solicitor was assisting both parties in a joint application and suddenly one party wished to proceed with the divorce and the other wished to stop the same, the solicitor would find themselves in a position where they cannot act for either client without acting against the interests of the other. Very few solicitors or firms who will take instructions for a joint divorce application, and they will almost always advise an individual if they are looking to proceed with a divorce to proceed as a sole application.

In deciding on a joint or sole application, if there is any belief that the other side may seek to obstruct any part of the divorce, or if you would prefer that a solicitor handles the divorce application for yourself, it will almost always be best to proceed with a sole application.

If you are also considering a joint application solely for the purpose of avoiding blame being attributed to either party, you should note that no blame is attributed to either party since the introduction of no-fault divorce, regardless of if the application is sole or joint. Whether you are a joint applicant or respondent in divorce proceedings, this does not affect your legal rights in respect of matrimonial finances or children’s matters, which are treated as separate applications regardless by the court.

If you are considering a divorce, John Hodge Solicitors offers a free initial consultation to discuss matters, which can be held in person, over the phone or online.