Posted 04 Feb, 2025

Couples in England and Wales can apply for divorce jointly or one party can apply as the sole applicant. Understanding the benefits of a joint application and the advantages of being the sole applicant in certain situations can help you choose the right approach for your circumstances.

A joint application reflects mutual agreement and cooperation, which can make the process smoother and less stressful. When both parties agree to initiate the divorce together, it typically reduces conflict and creates a more amicable environment for resolving related matters, such as finances and child arrangements. The process is often more streamlined, with fewer delays caused by disputes or missed deadlines since both parties remain actively involved and informed throughout. Additionally, joint applications can be more cost-effective, as they minimise legal expenses and the time spent on negotiations or court proceedings.

How Endeavour Law Can Help: Our solicitors can facilitate joint applications, ensuring that both parties understand the process and that all documentation is completed accurately to avoid delays.

When Being the Sole Applicant Has Strategic Advantages

While joint applications offer many benefits, there are situations where filing as the sole applicant provides strategic advantages, particularly when your spouse is uncooperative.

Control Over the Process

As the sole applicant, you have control over when and how to initiate the divorce. This control can be beneficial if you need to act quickly due to time-sensitive financial or legal matters.

Managing an Unresponsive or Uncooperative Spouse

One of the key advantages of being the sole applicant is the ability to take action if your spouse fails to engage with the process. You can monitor progress, meet deadlines, and apply for court intervention if necessary.

Endeavour Law can help you apply for a court order to proceed with the divorce if your spouse does not respond or attempts to delay the process.

Proactive Legal Preparation

As the applicant, you can gather important documents, such as financial statements, property records, and pension valuations, before any potential disputes arise. This preparation ensures that you are ready to address any challenges during negotiations or court proceedings.

No Impact on the Final Outcome

It’s important to note that being the applicant does not affect the final decisions regarding the division of assets, child arrangements, or spousal maintenance. The court’s priority is to ensure that outcomes are fair and based on the specific circumstances of the case.

How We Can Help

Whether you are filing jointly or as the sole applicant, Endeavour Law is here to protect your legal rights and support you through the process. Our team provides tailored advice, helps you prepare the necessary documents, and ensures that your case progresses smoothly.

Need advice on whether to file jointly or as the sole applicant? Contact our experienced solicitors at Endeavour Law for expert guidance.