The introduction of ‘no fault’ divorce in 2022 was a major change to family law in England and Wales, removing the need to establish grounds for the breakdown of a marriage or civil partnership.
The same legislation also gave couples the choice between making a sole or joint divorce application. If you’re considering a divorce, this is one of many decisions you’ll need to make. Every divorce is unique, and the ‘right’ answer will very much depend on the circumstances leading to your separation and the state of your relationship now.
In this article, associate James Underwood sets out some of the factors to consider.
When is a sole application right?
Most obviously, you should submit a sole application if your spouse doesn’t want to divorce, especially if they’re likely to bury their head in the sand and refuse to engage with the process. In this scenario, you’ll need to take some further steps to ensure your application can progress, but this will be easier in a sole application.
A sole application is also more likely to be appropriate where the relationship has become acrimonious, and certainly if there has been domestic abuse. At the very least a joint application can give the other person a means of making life difficult, and in some cases may perpetuate a pattern of control and abuse.
If you’re the financially weaker party, you should also consider a sole application. As the sole applicant, you control the timeframe, allowing you to work towards a fair financial settlement before you legally end the marriage (and lose any potential spousal rights or benefits, like an entitlement to a widow/widower’s pension). That said, it’s often possible for both parties to agree that they won’t seek a final divorce order until the finances are sorted, which can make a joint application viable.
Sometimes it’s important to initiate a divorce without the other person knowing; for example, where the divorce could take place in more than one jurisdiction, and one party wishes to ‘secure’ England and Wales. In these circumstances a sole application is the only option.
When is a joint application right?
If there’s a mutual commitment to divorcing amicably, this can be a positive option. There is an emotional and psychological benefit to two people choosing to move forward with their divorce on a joint basis. One person still needs to take the lead as ‘Applicant 1’, but a joint application involves both parties giving their consent at each key step. This can help both parties to feel they have agency and equality – not that the divorce is something happening to them.
It’s worth noting that a joint application can later be converted into a sole application if one party stops engaging, whereas a sole application cannot be converted into a joint one.
The minimum timeframe for a divorce – just over 26 weeks – applies to both types of application. How long it actually takes will depend on the level of cooperation and how you go about reaching a financial settlement.
Russell-Cooke’s expert family law solicitors can assist you with every aspect of your divorce, from choosing between a sole or joint application to achieving a financial settlement. If you’re just starting to think about divorce, we offer discreet and confidential advice on the process and your options.
About James
James Underwood is an associate in the family and children team.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by telephone on +44 (0)20 3826 7520 or complete our enquiry form.
