Since no-fault divorce was introduced in England and Wales in April 2022, spouses can start divorce proceedings together or one spouse can apply alone. Both routes lead to the same legal outcome, but they ask different things about the people involved along the way.
The better fit usually depends on communication, safety, reliability and whether both people are willing to stay involved with the paperwork. These five questions focus on those practical differences, rather than treating a joint application as automatically more cooperative or a sole application as a sign of conflict.
1. Are you both willing and safe to apply together?
A joint application is available when both spouses agree they should divorce and neither person is at risk of domestic abuse. Both people take part as applicants, so this route depends on a degree of cooperation from the start.
If you are unsure whether both of you can stay involved throughout the process, specialist divorce advice can help you decide between a sole or joint divorce application before proceedings begin. The divorce service is provided by a specialist family law firm recognised as a leading firm across the UK by the independent legal directories Chambers & Partners and the Legal 500.
Where domestic abuse, coercive control or pressure is a concern, applying together might not be suitable. A sole application lets one spouse start proceedings without asking the other to join the application. The other spouse is then treated as the respondent and receives notice of the case.
2. Can you both stay involved at each stage?
In a joint application divorce, both applicants must separately confirm they want to continue when applying for the conditional order, the stage where the court confirms the divorce can proceed. If the application remains joint, both applicants take part again when applying for the final order, which legally ends the marriage.
A joint route can work well when both people are likely to open court messages, respond within the required time and complete their part of each application. If one person stops responding, the other applicant can continue as a sole applicant when applying for the conditional order or final order.
Being on good terms helps, but both people still need to keep up with paperwork, deadlines and communication. Choosing a sole route in that situation does not make the divorce more confrontational.
3. Are you expecting a joint application to be faster?
A joint application is not automatically quicker. GOV.UK says a divorce normally takes at least seven months, and the expected minimum is the same for joint and sole applications. There is a 20-week waiting period from the issue of the divorce application before the conditional order can be requested. Once the conditional order is made, at least six weeks and one day must pass before the final order can be requested.
In a joint case, delays can arise when one person does not complete their part at the relevant stage. If one applicant stops engaging, the other can move to a sole application, but this adds another step.
With a sole application, delays can arise if the respondent does not complete the acknowledgement of service. The applicant may then need to take further steps to show that the papers were received or ask the court to allow another method of service before the case continues.
4. Does the court fee affect which route you choose?
The court fee for a divorce application in England and Wales is £628 at the time of writing. The fee applies to the application itself, so choosing a joint route does not reduce the amount charged by the court.
For a joint application, the couple can decide between themselves how to share the cost. If they want to use Help with Fees, both applicants must qualify. If one person does not qualify or does not apply, the full fee is payable.
With a sole application divorce, the person starting the case deals with the application fee and can apply for Help with Fees if eligible. Solicitor fees are separate from the court fee and depend on how much legal work is needed.
5. Have you separated the divorce application from money and child arrangements?
Choosing a joint or sole route only decides how the divorce application is made and progressed. It does not divide property, deal with pensions or settle arrangements for children. A couple can apply jointly for divorce and still disagree about finances later. They can also use a sole application while agreeing fully on parenting arrangements.
If you reach an agreement about money and property and want it to be legally binding, you can ask the court to approve it in a consent order. Child arrangements are dealt with separately too, and a court application is not automatically required when parents are able to agree.
Where the family home, pensions, a business or child arrangements remain unresolved, legal advice can help you understand which issues need separate paperwork and which decisions can be agreed without a court order. It also prevents the choice of application type from being mistaken for an agreement about finances or children.
Choosing between the two routes depends less on whether the separation feels friendly and more on whether both people can safely and reliably take part in the process. A joint application requires both spouses to remain involved, while a sole application allows one person to start the divorce without relying on the other to apply with them.
Neither route decides the financial or parenting issues around the separation. Looking at communication, safety, timing, fees and anything still unresolved gives you a clearer basis for deciding how to start the divorce.
