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Since no-fault divorce was introduced in April 2022, roughly 3,000 joint applications have been made per month, compared to 10,000 sole applications for divorce, up until July of this year.

Introducing the option to jointly divorce under the new law was intended to further reduce acrimony between couples and encourage an amicable approach to separation. With this purpose in mind, those outside the legal profession may find the low take-up unusual.

However, for family lawyers, it’s not altogether surprising.

The limited capability of the online divorce portal, minimal guidance for lawyers on managing joint applications without conflicts, no material impact on proceedings and a lack of client awareness of this option, are the contributing factors as to why joint divorces aren’t being taken advantage of.

Online divorce isn’t designed for joint applications

There’s no doubt that online divorce has had positive benefits. It has improved the speed of applications, as well as simplified the divorce process for clients.

We already know the system is far from perfect – the ability to apply for a divorce jointly with one party not taking legal advice has created a huge risk, whereby an individual may not be aware of the legal, financial and family consequences of their separation.

However, the limitations of the portal has wider ramifications. Since the law change in April 2022, the portal has not been adapted to account for joint applications. Each half of the couple still needs to apply separately, requesting a joint divorce – so it doesn’t reduce admin.  And one applicant will still be responsible for the court fee.

The portal also isn’t equipped to deal with more complex or bespoke arrangements, ie divorcing across jurisdictions, or expediating urgent divorce applications where there may be a need to commence financial remedy proceedings quickly (e.g. where there is a need for a financial injunction).

It is also worth highlighting that, for divorce applications submitted online under the old divorce rules the system is not geared up to a conciliatory approach when there are two petitions. A cruel tension between old and new laws exist whereby couples who then agreed to dismiss one petition, can face a longer delay to start court proceedings than if they had contested them. It’s hardly encouraging an amicable approach and it’s clear the divorce portal needs an update.

Conflicts questioned

Both parties need to instruct their own solicitor to make the divorce applications online – if not making the application themselves. The idea of a ‘joint’ divorce diminishes when you consider conflicts. Given one lawyer is unable to represent both parties (aside from one or two firms in the UK offering this service), lawyers will be unlikely to recommend applying for a joint divorce. Further guidance and intervention from the government to consider the implications of this is needed if we want to make divorce a truly joint approach.

So therefore, applicants may also question the point of a joint divorce when they will need to instruct their own solicitor. You could argue it’s not joint divorce, in all but name.

Joint divorce doesn’t have a material impact on financial remedy and child arrangement proceedings

Joint divorce is unlikely to have a material impact on the financial remedy and child arrangement proceedings.

Therefore joint divorces can be an unnecessary step and it is simpler for one party to make an application, especially as the blame game has already been removed through no-fault divorce rules. The perception that a joint divorce application could benefit those with shared commercial interests – say a family business – doesn’t hold up either. Therefore lawyers and applicants are unlikely to opt for joint divorces for this reason.

Some could argue that a joint application could remove the surprise of the other applicant receiving a divorce through the post, and encourage good communication about the divorce, timings and its emotional impact beforehand, which arguably, provides a more amicable process when deciding on care of children and splitting assets. But it’s hard to measure this as a reality when it has only been introduced, and take-up is so low.

Client awareness

It was only introduced in April as part of no-fault divorce. A lack of knowledge and experience in wider society that you can apply for a divorce jointly could be a factor – especially when friends, family and acquaintances aren’t able to share their experiences with the process.

In the years to come, we should be able to assess more accurately how joint divorces have been used and if there are any unexpected advantages. However, for it to truly operate as a joint process, the system must be overhauled and lawyers will need guidance as how to how they can represent their clients’ best interests.

Kiran Beeharry is a partner in the family department at