Should You Consider a Joint Divorce?
Following the introduction of no fault divorce law in April 2022, it is now possible for both parties in the divorce to be the ‘applicant’ in the divorce process.
Fundamentally there is no difference to the end result however, the process for applying jointly is somewhat different. The changes have been broadly welcomed by both individuals and those involved in the legal system, given the old system tended to imply fault or a lack of shared purpose, even when this was not the case.
The Office for National Statistics suggest that there was a relatively quick uptake of the new provision for joint divorce.
Of all opposite-sex divorces in 2022 that were completed under the new legislation, 71.7% were granted to sole applicants and 28.3% were granted to joint applicants. The uptake was even higher for same sex marriages.
The basic steps for a joint divorce are similar for joint and sole applications. After a preliminary meeting a divorce application needs to be made to the Court. The Court then issues an application that both applicants need to confirm receipt of and to also confirm the contents of the application. Both applicants are jointly responsible for the application process.
With a joint application both parties can be represented by the same lawyer which should help simplify the process.
The move to joint divorces is a positive move that should help remove conflict between two a couple where none exists and where they both agree on the need to end the marriage.
There are some circumstances where a joint divorce is not appropriate, such as where there is a deep-seated disagreement between the parties or where the relationship has been blighted by domestic violence. An initial conversation with one of our family law specialists should help determine whether or not your divorce is one that could work well as a joint divorce.
To discuss your divorce or broader family law needs, please contact one of our specialists.