There are two ways to apply for a divorce – either as a joint application made by both you and your former partner, or a sole application made by one of you. If your spouse doesn’t agree to the divorce, you can make a sole application.
If you make a sole application, it will need to be personally served on your former partner and, if there are children under 18 years old, you will need to attend a court hearing. A joint application for divorce means that you and your spouse mutually agree to get a divorce. If you do not have children under 18 years, there is no requirement for either of you to attend court.
If you and your partner were separated whilst living under one roof, filing a sole application means you will need to swear an affidavit, and you also need to have a “third-party” witness provide an affidavit setting out that you indeed were separated but remained under one roof. If you are filing a joint application, you and your spouse will each need to swear an affidavit.
There are advantages and disadvantages to either option. Filing a joint application is often much easier; there is no dispute as to facts as it is filed jointly and there is no requirement for service. However, in our experience, there have been times where one spouse indicates that they are willing to execute the joint application, then renege on this at the last minute after the application has already been prepared.
