Joint Divorce Application in Wales: Process, Cost, and Pitfalls

Joint Applications Let Both Spouses File Together

The no-fault divorce system introduced on 6 April 2022 created a new option: the joint application. Instead of one spouse filing as the applicant and the other being designated as the respondent, both can file together as Applicant 1 and Applicant 2.

The legal outcome is identical — a conditional order followed by a final order. The difference is in the process and the tone.

How It Works

Applicant 1 begins the online application through the MyHMCTS portal, entering the details for both parties. When the application is submitted, Applicant 2 receives an email invitation to log in, review the application, and confirm they want to proceed. Both parties must independently confirm at every subsequent stage — the conditional order application and the final order application both require dual confirmation.

Because both parties are co-applicants, there is no service step. Neither spouse is treated as a respondent, so there is no Acknowledgement of Service to wait for. The statutory 20-week reflection period still applies.

Cost and Fee Splitting

The court fee is £628 (as of 13 July 2026), the same as for a sole application. On a joint application, the fee is typically split between the parties — but the court takes payment from one account. How you divide the cost is a private arrangement between you. There is no formal mechanism for the court to bill each party £314.

The EX160 Joint-Application Trap

If you are applying for Help with Fees (Form EX160) to reduce or eliminate the £628 fee, both applicants must independently qualify. Both must submit separate EX160 forms, and both must pass the capital and income tests.

If one spouse does not qualify — because their savings exceed the threshold, for instance — the entire fee remission is refused. Applicant 1 then pays the full £628. This catches couples who choose a joint application partly to share costs, only to discover that one partner's financial position disqualifies both.

If only one of you would qualify for fee remission, a sole application filed by the qualifying spouse is the better option.

Sole vs Joint: When Each Makes Sense

Joint application works well when:

• Both spouses agree to divorce and want to cooperate
• Neither plans to dispute financial or child arrangements through the court
• You want to avoid the adversarial framing of one person being the "respondent"
• Both qualify for Help with Fees, or neither does

Sole application is better when:

• One spouse is reluctant or uncooperative
• Only one spouse qualifies for fee remission
• You want to start immediately without waiting for the other party to confirm online
• There is a risk that one party may stall the process by not confirming at the conditional or final order stage

What Happens If One Party Drops Out

If Applicant 2 stops cooperating — refuses to confirm the conditional order application, does not log in to the portal, or simply disappears — Applicant 1 can convert the joint application into a sole application. The case continues under the same case reference number, and the 20-week reflection period does not restart.

The conversion adds an administrative step, but it does not require a new filing fee. The safeguard is built into the system precisely because joint applications rely on ongoing cooperation that sometimes breaks down.

The Wales Divorce Filing Process Guide compares both routes in detail and includes a pre-filing decision worksheet to help you choose the right approach before you pay the court fee.

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