Divorce is often a time of acrimony for many couples, but the introduction of joint divorce applications aimed to address this problem.
In 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 came into force. Essentially, it allowed couples to file a divorce application jointly, thus removing the requirement to assign blame to the other party.
Every relationship is different, meaning the correct path to divorce also differs. In this guide, we discuss the differences between sole and joint divorce applications to help you make the right decision.
The difference between a sole and a joint divorce
The primary difference between sole and joint divorce applications is their nature. Joint divorce applications are agreed upon mutually, and thus, the timeline is shared. Naturally, the success of a joint application depends on equal cooperation. Without this, it becomes impossible to pursue as it is a joint responsibility on both parties to progress the divorce.
Much of the process remains the same, and the outcome is ultimately the same, but the purpose of bringing in joint divorce applications is to reduce conflict when both sides agree to separate.
According to the latest statistics, only 27% of divorce applications are made jointly, making them relatively rare. It should be no surprise simply because joint applications rely on cooperation and cordiality from both sides.
The big change with the advent of joint divorce, also known as no-fault divorce, is that you no longer have to give a reason, such as adultery, desertion, unreasonable behaviour or be separated for a certain period of time before the divorce can be lodged.
Joint vs. sole divorce: Application process
The first step in filing for a sole divorce is to make the application to the court for divorce. The court will then issue and give the divorce a case reference, send the divorce application to the other side and ask them to acknowledge safe receipt and also, confirm they do not intend to defend the divorce.
If it is a joint application, then the divorce will not be issued by the court until both parties have confirmed that they wish to issue the divorce. Then, there is no need for an acknowledgement of service to be filed, given both parties are the applicant.
Regardless of your pathway, you will still have to wait a minimum of 20 weeks from the issue of your divorce application before proceeding to the next step of applying for your conditional order. The 20 weeks is to allow people time to reflect and if possible, agree the arrangements for any dependent children and a financial settlement.
Joint vs. sole divorce: Fees
There is no distinction between the two divorce pathways when it comes to fees. According to current government guidance, the application fee for divorce is £612, a rise in April 2025 from the previous fee of £593.
The difference between joint and sole divorce is who might pay. In a sole divorce, the person who makes the application is responsible for paying the fee. Under a joint application, one applicant, listed as Applicant 1, will pay the fee, but couples will usually agree to split the cost in some way. However, this isn’t a mandatory requirement, and it’s up to divorcing couples to work it out for themselves.
Note that this only covers the actual costs of filing for divorce. It doesn’t cover solicitor fees.
Joint vs. sole divorce: Timeframes
The introduction of no-fault divorce has slightly extended the period of time it takes to get divorced (divorce timelines), but the timescale is the same whether you’re opting for a sole or joint application.
Regardless of whether it is a sole or joint application, you are still required to wait for a 20-week minimum reflection period to elapse before you can apply for the Conditional Order.
The point of this reflection period is to allow for a potential reconciliation and to manage agreements on practical arrangements, such as the division of assets and future childcare arrangements.
Generally, you can expect a divorce in both cases to take around six/seven months. Sometimes, it can take longer if the other party stops engaging in the process or your solicitor may advise you to delay concluding the divorce if there is no financial agreement/order in place.
When might a joint divorce application not be appropriate?
Joint applications aren’t suitable for everyone. No-fault joint divorces are only suitable when both parties are in agreement to the divorce and willing to engage in the process, but that may not be the case for you.
Generally, sole applications are recommended if any of the following apply to you:
- You were the Victim of Domestic Abuse – Any form of domestic abuse should result in a sole application. Joint applications could still allow an abuser to exert control over the process, thus threatening your future.
- Your Spouse Won’t Cooperate – Joint applications only work when each side engages in good faith.
- There is a Power Imbalance – Similar to instances of domestic abuse, relationships with power imbalances aren’t suitable for joint applications because one party might exert too much influence over the other.
- You Have Conflicting Needs – If there are significant seeds of conflict due to differing needs, this sets the stage for problems. In this case, a sole application will most certainly be the best option for dealing with these issues.
- You Anticipate Obstruction – Any form of obstruction should be a red flag. Joint applications can get messy when one party undermines them, so it’s best to avoid them in the first place if you don’t trust your ex-partner to play fair.
Is it better to file for divorce jointly or separately?
Legally, there’s no difference between filing for divorce separately or jointly. The final destination doesn’t change. The differences between the two lie in the process. So, let’s go through the pros and cons of each option.
Pros of joint applications
- Potentially quicker to finalise.
- Less conflict and disagreement.
- The court fee could be shared.
Cons of joint applications
- Doesn’t work without mutual agreement.
- Vulnerable to power imbalances within relationships.
- Less individual control.
Pros of sole applications
- Requires no mutual agreement.
- Ideal for domestic abuse victims.
- More control over the process.
Cons of sole applications
- Higher chance of conflict.
- Longer process if other side does not co-operate.
- More emotionally taxing.
Handling divorce is tricky at the best of times. Deciding which type of divorce application to pursue is another sticking point that might play on your mind. At this stage, as with all stages, the best way to deal with the problem is by speaking to an expert divorce solicitor. For professional advice on your divorce, contact VM Family Law today.