Joint Application for Divorce: Is it Right For You?

The process of legally separating is often challenging. That said, if couples can work together, a joint application for divorce could offer a more cooperative approach to the end of a marriage. This method allows both parties to share responsibilities, make lasting decisions collaboratively, and streamline the overall process. From resolving financial matters to making child arrangements, a joint application could be the ideal solution for spouses who would prefer to reach mutual agreements together. 

While it might not be suitable for every relationship, it can be quicker, calmer, and less costly than filing individually for others. In this guide, we’ll walk you through the process of a joint divorce application, some of its main advantages, and the key contrasts between this approach and filing individually.

Joint Application for Divorce: How it Works

Essentially, the processes for sole and joint applications for divorce are the same. Once you have made your submission to the courts, there is a 20-week reflection window for resolving finances and child arrangements. Next, you will need to apply for both conditional and financial orders, before lodging an application for a final order — officially ending the marriage. 

It’s important to note that both spouses must agree to divorce — and that domestic violence has not been a feature of the relationship. You can choose to submit your application by post or online, however the method you choose will then be fixed for each applicant. Additionally, both parties will be expected to give approval at each step in the process. If one party refuses to continue jointly — or ignores requests for information at any stage — the process may then be switched to one for a sole applicant. Anyone considering a joint application for divorce should also be aware that individual legal guidance is required for both spouses. Not only will this provide targeted advice around child arrangements and division of assets, it should also ensure that all forms are submitted correctly and in good time.

The Process for Joint Divorce Applications 

The process for a joint application for divorce can take a minimum of seven months to complete. Once the initial submission has been made and proceedings have started, there is a reflection period to resolve childcare, finance and living arrangements . After this, there are three separate orders to negotiate before the separation can be finalised.

The full process is as follows:

1. Submit the Application: Although you can do this yourself online, it’s highly recommended that you use a family lawyer to receive appropriate guidance throughout. Applicant 1 typically starts the submission, before Applicant 2 completes their side. Applicant 2 will then oversee submission of the completed documents to the court. 
2. Proceedings Begin: It can take up to two weeks for the divorce process to begin. Once started, there is a 20-week reflection period during which you will both need to address the likes of future finances and children. This period also allows some breathing space that can be used to confirm that both parties do indeed intend to continue with the separation.
3. Application for a Conditional Order: If you’ve made your final decision to proceed with the divorce, you can submit an application for a Conditional Order to the courts. Once reviewed and agreed, a Certificate of Entitlement will be issued, allowing you to continue to the final stages. 
4. Financial Order Submitted: Six weeks after the application for a Conditional Order, you will then need to submit a Financial Order. This will include a comprehensive account of how all assets and debts will be shared. You may also wish to include details of child maintenance payments — although this will only be enforceable for 12 months after separation, thereafter either party can revert to the Child Maintenance Service.
5. Apply for the Final Order: Following another six week hiatus, you can both now apply for the Final Order. Once received, usually within two working days, your joint application for divorce will be complete.

So, how does this differ from a sole application for divorce?

The Differences Between a Joint and Sole Application for Divorce

Although joint and sole applications for divorce are largely the same, there are some noted differences in terminology. When you apply to separate together, you’re both known as applicants. When one spouse instigates the process, they are called the applicant and the other party is referred to as the respondent. Sole applications for divorce often take longer to finalise.

In sole applications, the person applying must pay the court fees, whereas joint submissions are often split equally. Additionally, while an individual application cannot become a joint one when proceedings have been initiated, joint applications can be changed to solo down the line. This kind of switch is most common when Applicant 2 stops responding at some stage during the process.

Advantages and Disadvantages of a Joint Application

Filing together is widely seen as being a quicker and simpler process than a sole application for divorce. It can also provide a more solid foundation to build on post-separation. However, much will depend upon there already being a stable dynamic to work with — and your ability to set aside past grievances to focus on a positive collective outcome. 

Advantages

• Quicker, Calmer, Cheaper Overall: Collaboration and mutual understanding are the cornerstones of ‘easier’ separations. If you can address the typical stumbling blocks of asset division, living arrangements, and childcare effectively together, timescales should be kept to a bare minimum. And a shorter divorce process almost always means less expense, which is ideal for spouses who want to keep things civil and cost-effective.
• Easier Communication: For many spouses, divorce doesn’t necessarily signal the end of cooperation. You might still need to make important decisions about the likes of healthcare, relocation, and schooling, together. So, if you can talk constructively  — and listen to opposing views — these skills could be vital in the years to come.
• Break From the Past: A joint application for divorce could highlight a shared commitment to draw a line under the past and look ahead. Again, this could stand you both in good stead for future challenges.

Disadvantages

• Requires Joint Consent: When one spouse is more determined to separate than the other, a sole application for divorce might be the better option. Ultimately, the level of teamwork required to file jointly might not be suitable for all couples. Especially when there is a history of conflict.
• Needs a Level Playing Field: Applying together is more effective when both spouses feel that they can be completely transparent — and confident — about their feelings and objectives. Should a more dominant partner exploit the other’s lack of authority, this could unfairly skew any agreements in their favour.

Valuable Guidance for Sole or Joint Divorce Applications

A joint divorce application promises a more streamlined, collaborative route to separation for couples who can work together. Now you’ve had a chance to weigh up the pros and cons, it should be much clearer whether this approach will suit your own circumstances. However, even the relatively straightforward cases benefit from expert guidance to ensure all steps are completed efficiently, and that any agreements made are fair.

At Lowry Legal, we specialise in high net worth divorces and complex cases where bespoke solutions are essential. Whether you’re managing significant assets such as businesses, navigating intricate financial arrangements, or seeking clarity about co-parenting agreements, our experienced team is here to support you. We provide tailored advice to protect your interests and guide you toward a secure future. 

Contact us today to discuss how we can help.