Filing for Divorce Together: Understanding the Joint Application Process in the UK

Divorce can be a difficult and emotional process, but it can also be a necessary step towards a better future. For couples who are considering divorce, there are different approaches they can take, such as filing as joint applicants. In this article, we will explore the process, benefits, and drawbacks of filing for a divorce as joint applicants under UK divorce law.

Process of filing for a divorce as joint applicants

Filing for a divorce as joint applicants is a process where both parties agree to end the marriage and work together to complete the necessary paperwork. Here are the steps involved in the process:

Complete the application form together, which can be done online and is simple to fill out.
Upload a copy of your marriage certificate and pay a court fee of £593, which cannot be split between you and your ex. You should decide between yourselves how to share the cost.
The court will issue the application and you and your ex need to confirm receipt of the proceedings within 14 days, which can also be done online if you applied online.
From 20 weeks after the application is issued, you and your ex can apply together for a conditional order, which is the interim or first divorce order.
It is possible for just one of you to apply for the conditional order if your ex is no longer cooperating with the process. This person becomes the applicant and the other becomes the respondent.
Once a joint application is progressed by one of you, it is not possible to switch back to a joint application later.
After a joint application for a conditional order is reviewed by a judge, it is pronounced in court, showing the judge is satisfied you are entitled to a divorce.
You and your ex must wait six weeks and one day before applying together for a final order, which confirms your marriage is officially over.
You can still switch to a solo application at this stage and apply for the final order yourself, ending the marriage if you are no longer working together in the divorce process.

Benefits of filing for a divorce as joint applicants

There are several benefits of filing for a divorce as joint applicants, including:

Quicker process: When both parties work together, the process can be completed more quickly than if there are disagreements that need to be resolved.
Less stressful: By agreeing to divorce and working together, both parties can avoid the stress and emotional turmoil of a more contentious divorce.
Greater control: Both parties have greater control over the outcome of the divorce, as they can work together to reach an agreement on issues such as child custody, financial arrangements, and property division.
Better for children: Filing for a divorce as joint applicants can be less disruptive for children, as they are less likely to be caught in the middle of a contentious divorce.

Drawbacks of filing for a divorce as joint applicants

While there are benefits to filing for a divorce as joint applicants, there are also some potential drawbacks to consider, including:

Not suitable for all couples.
No room for compromise: If there are disagreements, there may be limited room for compromise when filing for a divorce as joint applicants.
Potential for conflicts to arise: While filing for a divorce as joint applicants can be less stressful and contentious, there is still potential for conflicts to arise, especially if one party feels that they are not getting a fair deal. This can be especially true if there are contentious issues such as finances or child arrangements to consider.
No protection for vulnerable parties: If one party is in a vulnerable position, such as if they have been the victim of domestic abuse or do not have a good understanding of English, filing for a divorce as joint applicants may not be the best option.

Overall, filing for a divorce as joint applicants can be a good option for couples who are able to agree on the terms of the divorce and want to avoid the cost and stress of a more contentious divorce. However, it is important for both parties to understand the potential drawbacks of this approach and consider whether it is suitable for their situation.

Tips for filing for a divorce as joint applicants

If you are considering filing for a divorce as joint applicants, here are some tips to help you navigate the process:

Get legal advice: It is always advisable to get independent legal advice before embarking on a divorce to ensure that you understand your rights and obligations.
Be honest and transparent: Both parties need to be open and honest about their financial situation and other issues to ensure that the divorce agreement is fair and equitable.
Focus on the future: While it is natural to feel angry or hurt during a divorce, it is important to focus on the future and work towards a positive outcome.
Consider mediation: If you are struggling to reach an agreement on certain issues, mediation can be a useful way to resolve conflicts and find a compromise.
Put any agreements in writing: Once you have reached a financial agreement, it must be put it in writing in the form of a consent order and filed at court for the judge's approval. Without this step any agreement reached will not be legally binding.

Filing for a divorce as joint applicants can be a good option for couples who are able to agree on the terms of the divorce. While there are potential drawbacks to this approach, it can be a cost-effective and less stressful way to end a marriage. If you are considering filing for a divorce as joint applicants, it is important to get independent legal advice and be open and honest with your spouse to ensure that the divorce agreement is fair and equitable.

It is important to seek support and guidance during this difficult time, and to seek the advice of a family solicitor who can guide you through the process and ensure that your interests are protected. If you, or anyone that you know, needs help in navigating the complexities of a divorce then they can contact us through our website at www.familylawconsultants.co.uk or call the team to arrange an initial consultation on 0333 9205911.

Written by Joanne Bennett