Joint Petition vs Single Petition Divorce
One of the first questions people ask when considering divorce is whether they should proceed by way of a Joint Petition or a Single Petition. The main difference generally depends on whether both spouses are able to agree to the divorce and its terms.
Which Type of Divorce Applies to Your Situation?
Whether a divorce may proceed jointly or requires one spouse to proceed individually will depend on the circumstances and, importantly, whether the parties are able to reach agreement on the relevant divorce terms.
Joint Petition
A Joint Petition is generally suitable where both husband and wife agree that the marriage should be dissolved and are able to agree on the terms of the divorce.
Depending on the circumstances, those terms may involve matters such as children, maintenance and matrimonial assets.
- Both parties agree to divorce
- Both parties are prepared to cooperate
- Children arrangements can be agreed
- Maintenance arrangements can be agreed
- Matrimonial assets can be dealt with by agreement
Single Petition
A Single Petition is generally considered where one spouse wishes to proceed with the divorce but there is no complete agreement between the parties.
This may arise because one spouse does not agree to the divorce, refuses to cooperate, or because important terms remain disputed.
- Your spouse does not agree to the divorce
- Your spouse refuses to cooperate or sign
- Children arrangements remain disputed
- Maintenance cannot be agreed
- Matrimonial assets remain disputed
Joint Petition vs Single Petition at a Glance
| Joint Petition | Single Petition | |
|---|---|---|
| Who proceeds? | Both spouses together | One spouse |
| Agreement to divorce | Both parties agree | Complete agreement is not required |
| Divorce terms | Generally agreed beforehand | Some or all issues may remain disputed |
| Children | Arrangements are generally agreed | Custody, care, control or access may be disputed |
| Maintenance | Generally dealt with by agreement | May require negotiation or Court determination |
| Matrimonial assets | Generally dealt with by agreement | Division may remain disputed |
| Nature of proceedings | Generally more straightforward | Potentially more complex depending on the disputes |
“We Both Agree to Divorce, But We Cannot Agree on Everything.”
This situation is more common than many people realise. Both spouses may accept that the marriage should end, but disagree on one or more of the terms.
For example, there may still be disagreement concerning:
- custody, care and control of the children;
- access arrangements;
- child or spousal maintenance;
- the matrimonial home;
- other matrimonial assets; or
- other practical terms arising from the separation.
In this situation, the question is not simply whether both parties “agree to divorce”. It is also necessary to consider whether sufficient agreement can be reached on the terms for the matter to proceed jointly.
Depending on the circumstances, the remaining issues may first be explored through negotiation of divorce terms .
What If My Spouse Will Not Cooperate?
“My spouse refuses to sign. Does that mean I cannot get divorced?”
Not necessarily.
A Joint Petition requires the participation and cooperation of both spouses. If one spouse refuses to participate, the other spouse may need to consider whether a Single Petition is the appropriate legal route.
The relevant legal requirements and procedure will depend on the particular circumstances of the marriage.
Does a Single Petition automatically mean a long Court fight?
No.
A matter may begin without complete agreement, but the parties can still continue negotiations after proceedings have commenced.
If agreement can later be reached on some or all of the disputed issues, appropriate steps may be taken to give effect to that agreement.
Should we negotiate before filing?
Where both parties are willing to communicate but have not yet reached complete agreement, it may be useful to first identify precisely which terms remain in dispute.
Negotiations may help the parties determine whether those outstanding issues can be resolved before more contested proceedings become necessary.
What if we only disagree about one issue?
A disagreement on one issue does not necessarily mean that settlement is impossible.
Legal advice may assist the parties in identifying possible options for resolving the outstanding issue and determining the appropriate way forward.
Which One Should You Choose?
You do not necessarily need to decide whether your case is a Joint Petition or Single Petition before speaking to a lawyer. The appropriate route depends on the actual circumstances.
A Joint Petition may be suitable where:
- both spouses agree to divorce;
- both spouses are prepared to cooperate;
- children arrangements can be agreed;
- maintenance can be agreed; and
- matrimonial asset issues can be resolved by agreement.
A Single Petition may need to be considered where:
- one spouse does not agree to divorce;
- one spouse refuses to cooperate;
- important terms remain unresolved;
- negotiations have reached an impasse; or
- Court intervention may be required.
Joint Petition and Single Petition FAQs
Is a Joint Petition always better than a Single Petition?
Not necessarily. Where both parties can genuinely agree on the divorce and its terms, a Joint Petition will generally provide a more straightforward route. However, it may not be appropriate where important issues remain unresolved.
Can my spouse force me to sign a Joint Petition?
A Joint Petition involves both parties proceeding together. A party should understand and agree to the proposed terms before signing the relevant divorce documents.
Can a Single Petition still be settled later?
Yes. The parties may continue discussing settlement even after proceedings have commenced. Whether and how an agreement can be recorded will depend on the circumstances and stage of the proceedings.
What if my spouse completely ignores me?
Depending on the circumstances, it may be necessary to consider proceeding by way of a Single Petition. The applicable procedure and requirements should be assessed based on the facts of the particular case.
Do I need legal advice before deciding which petition to file?
Legal advice can be useful where there is uncertainty over whether sufficient agreement exists, or where issues concerning children, maintenance or matrimonial assets remain unresolved.
Still Unsure Whether You Need a Joint Petition or Single Petition?
We can review your circumstances, identify the issues that may need to be resolved and advise on the possible way forward before you decide on your next step.