How To Start a Joint Divorce Application – The Pros and Cons

Benefits of Joint Divorce Applications

• Easier and Less Stressful Process: By opting for a joint application, couples can navigate the divorce process together, sharing the responsibilities and decisions involved. This collaborative approach can significantly reduce the stress and emotional burden associated with divorce.
• Quicker Resolution: Joint applications often result in faster divorce resolutions, as both parties are actively involved throughout the process. With mutual cooperation and agreement, couples can reach a settlement more efficiently, avoiding lengthy court battles.
• Improved Communication: Joint applications foster open and transparent communication between spouses. By actively participating in the divorce proceedings, both parties have the opportunity to express their concerns, needs, and desires, leading to better understanding and cooperation.
• Focused on the Future: By jointly applying for a divorce, couples can shift their focus towards planning for the future rather than dwelling on past grievances. This approach encourages couples to consider important matters such as financial arrangements and child custody in a constructive and forward-thinking manner.

Drawbacks of Joint Divorce Applications

• Requirement for Mutual Agreement: Joint applications require both spouses to be in agreement regarding the divorce. If one party is not ready to move forward or does not consent to the divorce, a joint application may not be possible. In such cases, an individual may need to proceed with a sole application.
• Potential for Imbalance: While joint applications encourage equal participation, there is a possibility of power imbalances between spouses. One party may dominate the decision-making process, leading to a less equitable outcome. It is essential for both spouses to actively engage and ensure their voices are heard throughout the proceedings.

You need to understand that when it comes to submitting a joint application for divorce, both parties are required to give their consent to move forward at each stage.

If one party doesn’t respond or decides not to cooperate, you will need to apply to the court to change proceedings to a sole application via the paper process.

Joint divorce application vs sole application: what is the difference?

This is the question we are asked most frequently, and the answer depends on your circumstances.

• Who initiates the divorce: In a sole application, one spouse files and the other is served with the papers as the respondent. In a joint application, both spouses file together. There is no respondent.
• Consent at each stage: A sole application requires only the applicant to confirm they wish to proceed at each stage. In a joint application for divorce, both Applicant 1 and Applicant 2 must separately confirm at the conditional order and final order stages. If one party stops responding, the application cannot progress as a joint case.
• Timeline: The mandatory waiting periods are identical: 20 weeks before the conditional order and 6 weeks and 1 day before the final order. Applying for divorce together does not make the process faster. In practice, joint applications can take slightly longer because both parties must respond at each stage, and any delay from either side holds up proceedings.
• Cost: The court fee of £612 is the same for both routes. Some solicitors charge more for joint applications because they cannot act for both parties. An online divorce service such as Divorce-Online can work with both Applicant 1 and Applicant 2 under a single fixed fee, which is a significant advantage of filing a joint divorce application online.
• Tone and cooperation: A joint application signals mutual agreement from the outset. There is no formal “service” of papers on a respondent, which removes a step that many couples find confrontational. For this reason, applying for divorce together can establish a more cooperative dynamic for the discussions about finances and children that follow.
• Switching between the two: If you start with a joint application but one party stops cooperating, you can apply to the court to convert to a sole application. This can only be done at the conditional order or final order stage. Equally, it is not possible to convert a sole application into a joint application once proceedings have started.

From our experience, the most common reason couples choose a sole application over a joint one is not disagreement about the divorce itself, but practical convenience. One party may simply want to get the process started without waiting for the other to coordinate.

When is a joint application not the right choice?

Filing for divorce together is not always appropriate. A sole application may be more suitable in the following circumstances:

• One party is not yet ready to proceed or does not agree to the divorce.
• There is a history of domestic abuse, coercive control, or intimidation.
• You do not have a current address for your spouse.
• One party is likely to delay or obstruct proceedings by failing to respond at each stage.
• You want to start the process immediately without coordinating with your spouse.

Under a sole application, the respondent cannot prevent the divorce from being granted. The no-fault divorce system ensures that no one can be trapped in a marriage against their will, regardless of whether the application is joint or sole.

What is the process for filing for divorce as a couple?

Below is a breakdown of the divorce process. We also have a step-by-step guide on how to apply for a divorce online, that you may find useful.

1) Submit a joint application

You can either do this yourself through Gov.uk or by using a reputable online divorce service or solicitor.

A key distinction between an online divorce provider and a solicitor is that an online divorce provider can work with both of you on your joint application.

However, the same solicitor cannot act for both parties.

Using solicitors for your joint application will also mean you have to use the slower paper process instead of the online digital portal.

Applicant 1 starts the divorce application, and then Applicant 2 fills in their information. Finally, Applicant 1 submits the application to the court.

2) Court begins divorce proceedings

After the application is received, it will take 2 weeks before the divorce officially begins. Once the court starts the divorce process, the 20-week reflection period begins.

This period of time is designed for couples to discuss important aspects of divorce such as children’s arrangements and financial matters.

It’s always an opportunity for couples to reconcile if they so wish.

3)  Conditional order – part 1

After the 20-week period of reflection is up, you can both apply for a conditional order to be made.

The conditional order, previously known as Decree Nisi, officially confirms that you are entitled to divorce.

4) Conditional order – part 2

The court will now review the conditional order and if they see no reason you cannot divorce then a ‘Certificate of Entitlement’ is issued to you.

This essentially confirms that you are entitled to a divorce.

5) Submit financial order

You must now wait for another 6 weeks before moving on to the next stage.

At this stage in proceedings, you are able to submit a consent order to the court to make any financial agreement legally binding.

You can achieve a clean break divorce once the next stage has been completed.

6) Application for Final Order

After a minimum of six weeks has passed you can apply for the final order (previously known as the decree absolute)

You will typically receive the Final Order between 24-48 hours after your application to the court.

This document legally ends your marriage.

How much does a joint divorce application cost?

The court fee for a joint divorce application is £612, which is the same as for a sole application. The fee can be shared between both parties. If you are on a low income or receive certain means-tested benefits, you may be eligible for a reduction or full exemption through the court fee remission scheme.

• DIY via GOV.UK: Doing your own divorce costs £612 in total. You complete and submit Form D8 yourself through the HMCTS portal without professional support. This is the cheapest option but requires you to manage every stage of the process and ensure all forms are filed correctly and on time.
• Online divorce service: Total costs from £800 (a £179 service fee plus a £612 court fee). All paperwork is handled on behalf of both Applicant 1 and Applicant 2 under a single fixed fee, filed through the digital portal. This is the most cost-effective option for couples who want professional support without instructing solicitors.
• Divorce solicitors: Fixed-fee divorce solicitors cost £500 – £2,000, plus the court fee when both parties agree and submit a joint application.

If you also require a financial consent order or clean break order to sever financial ties, this is an additional cost handled separately from the divorce application.

How to make a joint application with your husband or wife

You can make a joint application for divorce if both of the following apply:

• you both agree that you should get a divorce
• you’re not at risk of domestic abuse

The first thing you’ll need to do is decide if you want to apply online or by post.

Whichever method you choose, your husband or wife must use the same.

Each stage of the divorce procedure requires both parties to confirm separately that they wish for the divorce application to continue.

If for any reason your former partner stops responding to the court, you can continue with the divorce as a sole applicant by applying to the court.

You will need to decide whether you want to attempt to do your own divorce or use online divorce experts to handle the entire process for you.

Whilst your situation may feel straightforward, there are multiple applications and forms that need to be completed correctly and on time if you wish for a quick and easy divorce.

Making a joint divorce application is only possible if you have your spouse’s address.

Getting a divorce without an address involves more legal hoops to prove to the court you have tried locating your missing spouse; therefore, making a joint application impossible.

Do you need a solicitor to file a joint divorce application?

There is no legal requirement to instruct a solicitor when applying for divorce in England and Wales, which means you can get a divorce without a lawyer if your situation is amicable and straightforward.

Solicitors are often used by couples to obtain professional legal advice on their financial position and their rights under the Matrimonial Causes Act 1973.

If both parties are in agreement and have discussed their finances together, solicitors are rarely needed for the divorce application itself.

If you have complex financial matters such as pensions, property, or business interests, or you cannot reach an agreement with your former spouse on the division of assets, instructing a solicitor is sensible. DIY divorce will save you money initially, but without professional support, errors in the Form D8 or missed deadlines can cause delays and additional costs.

A practical middle ground is an online divorce service. At Divorce-Online, we can work with both Applicant 1 and Applicant 2 under a single instruction, file the joint divorce application through the HMCTS digital portal, and manage the process from start to finish for a fixed fee.