Despite the divorce reforms to allow parties to jointly apply for divorce, recent figures from HMCTS suggest that only just over a quarter of applications for divorce are on a joint basis so the vast majority of applications are still being made by sole applicants.
With the removal of ‘fault’ based divorce applications then it would seem logical to assume that where parties are in agreement that the marriage has ‘irretrievably broken down’ then to jointly apply would enable the parties to proceed as co-operatively as possible. There are though other factors which may make the sole application route more attractive. These include the question of cost, as to liaise with the other party can increase fees and can cause delays in issuing joint applications, especially if the other party is slow to respond. Also, in joint applications, there is no respondent and therefore a sole application may be more attractive to a party if they feel they are not to blame for the marriage breaking down but as they now cannot express on the application the reason, having the labels applicant and respondent may be a consolation.
Though there has been a movement for many years towards a blameless divorce, the ‘human’ factor does not always mean that the expected route will be followed. Having the option to either jointly or solely apply gives the parties the opportunity to follow what course works best for them. There are inevitably going to be cases where a joint application is not feasible but as the process is refined will more couples opt for this route or in the sensitive context of a relationship breakdown is this going to be a niche application?
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