No fault divorce – joint application – what is the process?
- Applicant 1 completes the application for divorce and uploads the Marriage Certificate to the online system.
- Applicant 2 will receive an email asking them to review the information and provide any additional details
- The application will then go back to applicant 1, who can review any amendments made by applicant 2 and, if the amendments are agreed, submit the application to the court.
- 20 weeks after the court has issued the joint application both applicants can apply jointly for a conditional order.
- Alternatively, one applicant can apply for the conditional order solely.
- 6 weeks after the conditional order is made, both applicants can give notice to the court for the conditional order to be made final, as long as the application for a conditional order was made on joint application.
- Alternatively, even where the application for a conditional order was joint, 6 weeks after the conditional order is made, one applicant can give notice to the court for the conditional order to be made final. Sole notice can only be given to the court, after giving 14 days’ notice to the other applicant.
As can be seen from the steps above, there is scope for a joint application to be progressed by one applicant only. It is not therefore possible for one party to change their mind, after the issue of the application and stop the divorce from continuing.