You may think that a divorce has to be filed jointly, but changes in recent years have made it easier to begin proceedings independently if needed. As part of these reforms, you now have the option to apply for a divorce either as a sole applicant or jointly with your spouse or civil partner.
In this guide, we’ll look at the main differences between sole and joint divorce applications and when they may be suitable.
What Is a Sole Divorce Application?
Since 6 April 2022, the introduction of no-fault divorce has made it possible to apply for a divorce without needing to assign blame to either party. This means spouses can begin divorce proceedings without having to prove that one person was responsible for the breakdown of the marriage.
Under a sole divorce application, one person begins the divorce process on their own. The person submitting the application is known as the applicant, while the other spouse becomes the respondent.
Once the application has been issued by the court, the respondent will be formally notified and asked to complete an Acknowledgement of Service. This simply confirms that they have received the divorce application and are aware that the proceedings have begun. The respondent must respond within 14 days.
The respondent does not need to agree to the divorce for it to proceed. Under the current law in England and Wales, a divorce cannot generally be contested on the basis that one party does not want it.
As long as the correct procedure is followed, the application can continue through the legal stages toward a Conditional Order and eventually a Final Order.
The same process also applies to civil partnerships and dissolution.
What Is a Joint Divorce Application?
A joint divorce application is where both spouses apply for the divorce together.
Rather than one person acting as the applicant and the other as the respondent, both parties apply as joint applicants. They share equal responsibility as the application progresses through the various stages of the divorce process.
Each party must confirm key steps in the process, such as applying for a Conditional or Final Order.
This approach can work well where both spouses agree that the relationship has broken down irretrievably and want to manage the legal process together.
However, even with a joint application, the divorce itself remains separate from financial matters, which will still need to be resolved separately if assets need to be divided.
What Is the Difference Between a Sole and Joint Divorce Application?
Although both types of application lead to the same legal outcome, i.e. the ending of a marriage or civil partnership, there are some key differences.
These mainly relate to who begins the process, how the parties participate, and how the application progresses through the court system.
Who applies for the divorce
In a sole divorce application, one person takes the lead and submits the application to the court themselves. In contrast, a joint divorce application is made by both parties together.
Rather than one person applying, both parties act as joint applicants and share responsibility for progressing the divorce through each stage.
Whether agreement is required
With a joint application, both parties must be willing to participate in the process. Each stage of the divorce requires both applicants to confirm the next step, meaning the process relies on a certain level of cooperation.
Whereas a sole application can proceed even if the other party does not want the divorce or refuses to cooperate.
Roles within the divorce process
There are two distinct roles in a single application:
- The applicant: the person who files the divorce papers.
- The respondent: the person who receives the application and is asked to confirm that they have received it.
In a joint application, there is no respondent. Instead, both parties share responsibility during the divorce process.
Court fees
The court fee is the same whether the application is made solely or jointly. At present, the fee for issuing a divorce or dissolution application is paid when the application is submitted to the court.
In a sole application, the applicant usually pays the court fee when submitting the application. Whereas in a joint application, the fee is typically paid by the first applicant when the application is filed, although couples can agree to share the cost between them.
It is also possible to apply for help with fees, which may reduce or remove the court fee if your income and financial resources fall below certain thresholds.
In a joint application, both parties must be eligible for the Help with Fees scheme for the exemption or reduction to apply. If only one person qualifies financially, the fee exemption will usually only apply if that person submits the divorce as a sole applicant.
Aside from the court fee, each party is generally responsible for their own legal costs, including any solicitor’s fees.
How Much Does a Sole Divorce Application Cost?
The court fee for a divorce application is currently £612 in England and Wales (as of May 2026).
This fee is the same whether the application is sole or joint.
If you are on a low income or receiving certain benefits, you may also be eligible for Help With Fees, which can reduce or remove the court fee.
How Long Does a Sole Divorce Application Take?
The timeline for divorce is typically the same whether the application is sole or joint.
Under the current process, there is a minimum period of 20 weeks between the start of the application and when you can apply for the Conditional Order. This is sometimes referred to as a reflection period, which gives couples time to consider finances and child arrangements.
After the Conditional Order is granted, there is then a further six-week waiting period before either party can apply for the Final Order, which legally ends the marriage.
In theory, this means the divorce process can take around six to seven months at a minimum.
However, with sole applications, delays can occur if:
- The respondent fails to acknowledge service
- The respondent cannot be located
- The court requires alternative methods of service
In these situations, the court must be informed, and additional legal steps may be required.
This could include applying for deemed service, where the court accepts that the respondent is likely to have received the documents, or asking the court to dispense with service if they cannot be found.
When Might a Sole Divorce Application Be Appropriate?
A sole application may be the most practical option in situations where cooperation between the parties is limited.
This might include circumstances such as:
- One party does not agree with the divorce
- Communication between spouses has broken down
- One spouse is uncooperative or unwilling to participate
- There are concerns around domestic abuse or controlling behaviour
- One person simply prefers to manage the process independently
When Might a Joint Divorce Application Be Appropriate?
Joint applications may be suitable where both parties have reached a mutual decision to separate and are able to work together to achieve an outcome.
This may include situations where:
- The separation is relatively amicable
- Both parties agree that the marriage has broken down
- There is open communication about practical arrangements
- Both people want to minimise conflict during the process
Neither option is better outright, instead it will depend on the circumstances of your relationship and how well you can communicate.
It’s also important to note that neither will affect your financial rights. Issues such as property division, pensions, and maintenance will still be addressed separately through the financial settlement process.
How Do Financial Orders Work in Sole Applications?
Divorce only ends the marriage or civil partnership legally. It does not automatically resolve financial matters.
If you have shared assets, pensions, or property, these will usually need to be dealt with through a Financial Order approved by the court.
This could include:
- Financial Consent Order, where both parties agree on how assets should be divided
- Clean Break Order, which formally ends financial ties between spouses
- A court-determined financial settlement if an agreement cannot be reached
The legal principles used to divide assets are the same whether the divorce began as a sole or joint application. For this reason, it’s best to seek legal advice before finalising the divorce to ensure your financial position is protected.
Does This Also Apply to Civil Partnership Dissolution?
The same legal framework applies to civil partnerships.
Instead of divorce, the legal process is known as dissolution, but the structure of the application is very similar.
Civil partners can also apply as joint applicants or individually
The timelines, legal stages, and financial considerations are broadly the same as those that apply to divorce.
Offering Professional Advice on Divorce
At BGW Solicitors, our family law team provides clear, practical guidance on all aspects of a divorce or civil partnership dissolution. Whether you are considering a sole application or need advice on financial orders, we can help you understand the best route for your circumstances.
You can speak with our team for tailored advice and support throughout the process, helping you move forward with confidence. Contact our divorce and family law solicitors today to arrange an initial consultation.
*This article is intended as general guidance and should not be taken as legal advice. Divorce law can be complex and circumstances vary, so it’s always advisable to seek professional legal advice.