Joint application for divorce: the pros and cons

A joint application for divorce has been an option for couples since the implementation of the Divorce, Dissolution and Separation Act in April 2022. This route came with the introduction of the ‘no-fault’ divorce as well as a new online service.

What are the advantages of making a joint application for divorce?

The introduction of a joint application intends to make the process more straightforward and constructive and to reduce conflict.

A joint application may be suitable for couples with an amicable relationship. In particular, if they are clear about how they will divide assets and share parental responsibility. The divorcing parties in a joint application are even permitted to instruct the same solicitor to act on their joint behalf.

Is there a conflict of interest?

It is important for each party in a divorce to receive objective independent advice. This is to ensure their individual specific interests are considered.

Solicitors in the UK are regulated by the Solicitors Regulation Authority (SRA). They are not usually allowed to act for both parties in a litigation. This is due to potential conflicts of interest. The SRA guidance states that for the same solicitor to act for both parties, they ‘must always be sure that it is in each client’s best interests’

The guidance goes further, advising that the solicitor ‘must be confident that here has been no undue influence or duress, no imbalance of bargaining power, or no vulnerability or position of weakness on the part of either client that would make it unfair’ for them to act.

So, whilst a solicitor may act for both parties, they must be sure that this will be in both clients’ best interests.

The disadvantages of a joint application

A joint application can make it a more straightforward process. However, couples often fail to realise that, by initiating a joint application, it means that at every stage of the process they must have the consent of the other party. They must consult and apply together at each juncture. Thus, the consultation required can make a joint application more time consuming than a sole application.

A joint application may not be advantageous when there are conflicting needs. Or, where one party is in a weaker bargaining position. Or it could be that one party is likely to be unduly influenced by the other party. It is unlikely that a joint application would be appropriate where there has been previous physical or emotional abuse within the relationship.

Safeguarding your financial interests

Whilst the joint application may be suitable for the actual divorce, what about when it comes to the division of financial assets? This is often the most contentious time. How do you ensure that:

• There has been full and frank disclosure of all financial assets.
• Your legal position is fully protected when it comes to the division of financial assets. Particularly the case for complex issues such as pensions.

For advice and support on joint or sole applications, or any divorce issues, speak to a specialist divorce lawyer:

Tony Neocleous
E: tneocleous@bird-lovibond.co.uk
T: 01895 256151

Michelle Everest
E: meverest@bird-lovibond.co.uk
T: 01895 636037