Joint vs sole application

What’s the difference?

Joint application: You and your spouse apply together. You’re both “applicants” and work through the process as equals. Neither person is positioned as “leaving” the other.

Sole application: You apply on your own. You’re the “applicant” and your spouse is the “respondent.” They receive the application and must acknowledge it, but they’re not actively driving the process.

Both types of application:

• Cost the same (£612)
• Take the same minimum time (26 weeks)
• Result in the same legal outcome (a valid divorce)
• Don’t require you to blame anyone or give reasons

When to choose a joint application

A joint application works well when:

• You both agree the marriage is over
• You can communicate civilly, at least about practicalities
• Neither person wants to feel like they’re being “divorced”
• You want to signal cooperation from the start
• You’re working together on children and financial arrangements

Advantages:

• Sets a collaborative tone for negotiations
• Neither person is positioned as “the one who left”
• Slightly simpler – no need for acknowledgement of service
• Can share the court fee if you agree to

Disadvantages:

• Requires both people to engage with the process
• If one person stops cooperating, you’ll need to switch to sole
• Both must provide email addresses or postal addresses for court correspondence

When to choose a sole application

A sole application makes sense when:

• Your spouse won’t engage or cooperate
• You don’t know where your spouse is
• Communication between you is difficult or impossible
• There’s been domestic abuse
• You simply prefer to handle it yourself

Advantages:

• You control the process
• Doesn’t require your spouse’s cooperation
• Can proceed even if your spouse ignores the paperwork
• Your spouse can’t delay things by failing to act

Disadvantages:

• Your spouse receives papers saying they’re being divorced
• May set a more adversarial tone
• You pay the full fee (though you can ask them to contribute)

The practical differences

Starting the application

Joint: Both of you complete the online application together, or one person fills it in and the other reviews and confirms. You’re labelled “Applicant 1” and “Applicant 2.”

Sole: You complete the application alone. Your spouse is the “Respondent” and receives the application from the court.

Service and acknowledgement

Joint: No service is needed – you’ve both already agreed to apply. The court simply confirms the application has been issued to both of you.

Sole: The court serves (sends) the application to your spouse, who must complete an “acknowledgement of service” form within 14 days to confirm they’ve received it.

Applying for the conditional order

Joint: Either or both of you can apply for the conditional order after 20 weeks.

Sole: Only you (the applicant) can apply for the conditional order, though your spouse will be notified.

Applying for the final order

Joint: Either applicant can apply for the final order after the required waiting period. If only one applies, the other has 14 days to confirm they also want to proceed.

Sole: You apply for the final order. Your spouse can also apply if you don’t, but only after an additional 3-month wait.

Can you change from one to the other?

Joint to sole: Yes. If your spouse stops cooperating during a joint application, you can convert to a sole application and continue without them. There’s no additional fee.

Sole to joint: Technically possible but less common. Your spouse would need to formally join the application.

Does it affect finances or children?

No. Whether you choose joint or sole has no impact on:

• How finances are divided
• Child arrangements
• Who gets what in the settlement
• Your legal rights

The type of application is purely about procedure – how you process the divorce paperwork – not about the outcome.

What if my spouse won’t cooperate?

If you make a sole application and your spouse:

Ignores the papers: You can apply for “deemed service” – a court order accepting that the papers have been delivered even without acknowledgement.

Disputes the divorce: Under no-fault divorce, they can’t stop the divorce just because they don’t want it. They can only dispute on very limited grounds like:

• The marriage isn’t legally valid
• The court doesn’t have jurisdiction
• The marriage certificate is incorrect

Can’t be found: You can apply for “alternative service” (serving papers another way) or “dispensed service” (proceeding without serving them at all, in exceptional circumstances).

Cost considerations

The court fee is £612 regardless of application type.

Joint applications: You can agree to split the fee – perhaps £306 each. But this is between you; the court needs the full £612 from whoever pays.

Sole applications: You pay the fee. You can ask the court to order your spouse to reimburse you, but this is rare and only granted in specific circumstances.

Help with fees: If you qualify for fee remission on a joint application, both of you need to be eligible (or you can switch to sole where only your circumstances matter).

Making your decision

Ask yourself:

1. Can we communicate? If yes, joint may work well
2. Will my spouse engage? If uncertain, sole gives you control
3. Is there abuse or high conflict? Sole is usually better
4. Do we want to signal cooperation? Joint sets a collaborative tone
5. Am I comfortable being “the applicant”? If not, joint feels more equal

There’s no wrong answer. Choose what works for your situation, and remember you can switch from joint to sole if needed.