Joint vs sole application

The two options

Since the introduction of no-fault divorce in April 2022, you can choose how to apply:

Joint application – you and your spouse complete and submit the application together. You’re both “applicants” and share responsibility for moving the process forward.

Sole application – you apply on your own. Your spouse becomes the “respondent” and is notified by the court, but they don’t need to actively participate for the divorce to proceed.

The outcome is the same either way – your marriage ends when the final order is granted. The difference is in how you get there.

Joint application

A joint application signals that you’re both committed to ending the marriage cooperatively.

How it works

1. You agree together to apply for divorce
2. One of you starts the application and invites the other to join
3. You’re both named as Applicant 1 and Applicant 2
4. You both confirm the marriage has broken down irretrievably
5. At each stage, both of you must take action to move the process forward
6. Either of you can apply for the conditional and final orders

Advantages of joint applications

Demonstrates cooperation – applying together sets a constructive tone for sorting out finances and children’s arrangements.

Faster processing – there’s no need for the court to serve papers on a respondent and wait for acknowledgment. This can save 2-4 weeks.

Shared responsibility – both of you are equally responsible for progressing the application, which can feel fairer.

No risk of non-response – with a sole application, delays can occur if the respondent doesn’t acknowledge the papers. Joint applications avoid this.

Potentially lower costs – if you’re using the same solicitor or handling things together, you may save on legal fees.

Emotional benefits – some couples find that applying together helps maintain a more amicable relationship during a difficult time.

Disadvantages of joint applications

Requires cooperation – if your relationship with your spouse is difficult, coordinating an application together may be impractical.

Both must act – at each stage, both of you need to respond. If one person becomes uncooperative later, this can cause delays.

Not suitable for all situations – if there’s domestic abuse, coercion, or significant power imbalance, a joint application may not be appropriate.

Can switch to sole – if your spouse stops cooperating during a joint application, you can convert it to a sole application. However, you cannot switch the other way.

Sole application

A sole application allows you to start divorce proceedings without your spouse’s active involvement.

How it works

1. You complete the application on your own
2. The court sends a copy to your spouse (the respondent)
3. Your spouse has 14 days to acknowledge they’ve received the papers
4. You then apply for the conditional order and final order
5. Your spouse is kept informed but doesn’t need to do anything for the divorce to proceed

Advantages of sole applications

You control the process – you don’t need your spouse’s cooperation to move things forward.

Independence – useful when communication has broken down or your spouse is uncooperative.

Appropriate for difficult situations – if there’s been domestic abuse or you don’t feel safe engaging directly with your spouse, a sole application lets you proceed independently.

No need for agreement – your spouse can’t prevent the divorce by refusing to participate. Under no-fault divorce, they cannot contest the divorce itself.

Privacy – you don’t need to coordinate with your spouse or share information about your application.

Disadvantages of sole applications

Potential delays – if your spouse doesn’t acknowledge the papers, you’ll need to take additional steps (like arranging personal service), which adds time and cost.

Can feel adversarial – even though no-fault divorce removes blame, receiving divorce papers can feel more confrontational than being invited to apply jointly.

You bear responsibility – all the administrative burden falls on you, including chasing the court if there are delays.

Court fee falls on you – the applicant pays the £593 fee, though you could ask your spouse to contribute.

Which should I choose?

Choose a joint application if:

• You’re both in agreement about divorcing
• You communicate reasonably well
• You want to set a cooperative tone for negotiations about finances and children
• Neither of you has been abusive or controlling
• You’re both willing to engage with the process promptly

Choose a sole application if:

• Your spouse doesn’t want to divorce (though they can’t stop it)
• Communication has broken down
• You don’t know where your spouse is
• There’s been domestic abuse
• You need to feel in control of the process
• Your spouse is likely to delay or obstruct if given the opportunity

Practical considerations

Costs

The court fee (£593) is the same for both types of application. With a joint application, you can decide between you who pays or split the cost. With a sole application, the applicant pays – though you could informally agree that your spouse reimburses half.

Timeline

Joint applications tend to be slightly faster because there’s no acknowledgment stage. The difference is typically 2-4 weeks.

If your spouse won’t engage

Under no-fault divorce, your spouse cannot prevent the divorce by refusing to participate. If they don’t acknowledge a sole application:

1. You can ask the court to proceed anyway
2. You may need to arrange for personal service (someone physically handing them the papers)
3. If you genuinely can’t locate your spouse, you can apply for permission to proceed without them

This adds time and potentially cost, but it won’t stop the divorce.

Legal representation

Either application type can be handled:

• By yourselves (no solicitor)
• Through the same solicitor (for straightforward joint applications)
• Through separate solicitors (common for sole applications or complex cases)

If you’re using the same solicitor for a joint application, they must ensure there’s no conflict of interest. For anything beyond the most straightforward situations, having separate legal advice is usually recommended.

What about finances and children?

Your choice of joint or sole application affects only the divorce itself – the legal ending of your marriage.

Arrangements for finances and children are handled separately. Even with a joint divorce application, you might need separate solicitors to negotiate your financial settlement. And even with a sole application, you can still reach amicable agreements about everything else.

The type of application doesn’t determine whether your overall divorce process will be cooperative or contentious. It’s just one early decision among many.