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Guide · No-Fault Divorce

Joint vs Sole No-Fault Divorce Application: Which Should You Choose?

📅 Updated May 2026 ⏱ 5 min read 📍 England and Wales only ⚖ Not legal advice

Joint applications were introduced with no-fault divorce in April 2022, a brand new option that did not exist under the old law. By early 2025, more than one in four divorce applications in England and Wales were joint. Here is what each route means in practice and how to decide which is right for you.

27%of applications are now joint (Q1 2025)
Samelegal outcome, joint or sole
£612court fee either way

What is the difference?

A sole application means one spouse, the applicant, initiates the divorce. The other spouse, the respondent, receives the papers and acknowledges receipt. Only the applicant needs to confirm they wish to proceed to the conditional order stage.

A joint application means both spouses apply together as co-applicants. There is no applicant and respondent, both parties are equal in the process. Both must confirm at the conditional order stage that they wish to proceed.

Practical differences

FeatureSole applicationJoint application
Who initiatesOne party (applicant)Both parties together
Formal service on the other partyYes, court serves papers on respondentNo, both already part of the application
Who confirms at conditional order stageApplicant onlyBoth parties must confirm separately
Who applies for final orderApplicant (or respondent after 3-month delay)Either party
What if one party stops engaging?Process continues, sole applicant proceedsCan be converted to a sole application
Legal outcomeIdenticalIdentical
Court fee£612£612

Joint or sole: what suits your situation?

✓ Joint works well when

  • Both parties are communicating and agree on the divorce
  • You want to set a cooperative tone from the start
  • Neither party wants the label of applicant or respondent
  • You are negotiating finances amicably and want to avoid any adversarial framing

Consider sole when

  • Your spouse is unwilling to participate in a joint application
  • Communication has broken down
  • You need to start the process now and cannot wait for cooperation
  • There is a history of control or coercive behaviour
💡 Joint does not mean amicable, and sole does not mean hostile Many people assume a joint application signals an amicable divorce and a sole application signals a hostile one. Neither is true. The legal outcome is identical. Many cooperative, amicable divorces proceed as sole applications without any difficulty at all.
Person completing divorce application paperwork

Whether you apply jointly or as sole applicant, the court fee, the timeline, and the legal outcome are identical.

What if we start joint but one party stops engaging?

A joint application can be converted to a sole application if one party stops engaging. The court will treat it as a sole application by the remaining active party. This means the formal service step, notifying the now-respondent, will need to follow. It is an inconvenience but not a barrier.

Can a joint application be converted to sole before issue?

Yes. Before the court issues the application, if one co-applicant withdraws their participation, the other can proceed as a sole applicant. Contact the HMCTS divorce service as soon as possible if this happens, ideally before the case is formally issued, to avoid additional complications.

⚠ Joint applications require both parties to confirm at the conditional order stage In a joint application, both parties must separately log in and confirm they wish to proceed to the conditional order. If one party does not confirm within the required timeframe, the other can apply for the conditional order as a sole applicant. Build this into your timeline, do not assume your spouse will act without a prompt.

Does the choice affect the financial process?

No. Whether you apply jointly or as sole applicant has no bearing on the financial process. Both routes require the same financial settlement steps, whether that is a consent order and D81 for agreed finances, or Form A, Form E, and full financial remedy proceedings for contested matters.

Not sure which route fits your situation?

DivorceCompanion's free route checker identifies whether your situation is amicable or contested and guides you through the right process step by step.

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General information only. This guide provides general information about no-fault divorce in England and Wales. It is not legal advice. DivorceCompanion is not a law firm. For advice specific to your situation, consult a qualified family law solicitor at solicitors.lawsociety.org.uk.