
Whether a divorce is a mutual decision or something you have decided on your own, coming to terms with the separation can be a truly sad and devastating time for any couple. The first step in divorce proceedings is submitting the initial divorce application. This may be submitted by the applicant after the pair has been married for a minimum of one year.
In this blog post, we will explore the difference between sole and joint divorce applications, providing you with a clear understanding of how these two procedures for divorce differ.
Sole Application
Sole applications are typically the norm, with the ‘applicant’ (the person filing for divorce) filling out the D8 Form and submitting it to the court, declaring that the marriage has broken down irretrievably. At this stage, a court fee of £593 must also be paid.
Next, the court will send your spouse (referred to as the ‘respondent’) a copy of the divorce application within 28 days, accompanied by a ‘Notice of Proceedings’ and an ‘Acknowledgment of Service’ form. These documents are usually delivered via email and later confirmed with a letter.
The respondent is required to fill out the ‘Acknowledgment of Service’ form and return it to the court within 14 days. If they fail to do so, a ‘process server’ can be appointed to deliver the application to them in person, confirming that the respondent has received the divorce documents.
A 20-week cooling-off period occurs once the application has been issued before the applicant can apply for the conditional order. After this time, the court will check that all the paperwork is in order and provide a date for the conditional order to be made. Six weeks and a day after the court makes the conditional order, you can apply to the court for a final order, finalising the divorce.
Joint Application
If the divorce is a mutual decision, you and your spouse can apply for the divorce as joint applicants. The spouse who starts the joint application is referred to as applicant 1, while their partner is called applicant 2. For joint applications, the process goes as follows:
Applicant 1 is responsible for paying the court fee and completing the majority of the application form.
Applicant 1 submits the application to the court, which is then sent to applicant 2, who reviews it and adds any additional details via the online court portal.
The completed application is sent back to applicant 1 for final approval before the court issues it.
Both applicants are provided with an 'Acknowledgment of Service' form to file.
Together, they proceed to apply for the conditional order and final order.
Even if a divorce application is started as a joint application, it can be switched to a sole application at any time. This may occur if applicant 1 believes that their spouse is causing unreasonable delays.
DJP Solicitors - Smooth Procedures for Divorce
At DJP Solicitors, we understand the impact a divorce can have on both partners and any children involved. That’s why our team of family lawyers takes a compassionate and caring approach to divorce proceedings. From initial divorce applications to the final order and asset division, we’re here to guide you through each stage with professionalism and expertise.
For comprehensive support in navigating the procedures for divorce, get in touch today.
Comments