As the name suggests, an amicable divorce is where both parties agree to the divorce/dissolution and complete the divorce application jointly.
An amicable divorce is an intention to resolve financial and other matters without resorting to a legal battle and litigation. An Amicable Divorce builds bridges, not walls.
The ability to submit a divorce application as a couple is a relatively new option for separating couples.
Over the last 50 years, it has only been possible for one spouse to apply for divorce, with most applications being based on fault-based grounds, such as behaviour and adultery.
In a joint application, there is no Respondent. The parties are known as Applicant 1 and Applicant 2.
When did it become possible to file a joint application for divorce in England & Wales?
It became possible to file for a joint divorce from 6th April 2022 when the divorce laws in England and Wales changed to a no-fault divorce system.
Prior to that date, you needed to prove that your marriage had irretrievably broken down due to one of 5 reasons.
The new approach to divorce since April 2022 is designed to reduce conflict between parties and to allow them to focus on important aspects of divorce such as children’s arrangements and financial matters.
What is the process for filing for divorce as a couple?
1) Submit a joint application
You can make a joint application for divorce if both of the following apply:
The first thing you will need to do is decide is the method of application. This can be by applying online or by post. We can assist you with either method.
Whichever method you choose, your spouse or partner must use the same method.
Each stage of the divorce procedure requires both parties to confirm separately that they wish for the divorce application to continue.
Applicant 1 starts the divorce application, and then Applicant 2 fills in their information. Finally, Applicant 1 submits the application to the court.
If for any reason your former partner stops responding to the court, you can continue with the divorce as a sole applicant by applying to the court.