Can you jointly prepare a divorce petition if you both agree to it?

- Adultery
- Unreasonable behaviour
- Separation for two years with the consent of the respondent
- Separation for five years without the consent of the respondent
- Desertion of two years or more

A divorce petition can be jointly prepared by both parties if they can agree on the reason for the divorce and they can agree on who will be the petitioner. This scenario is more likely if the parties have agreed to use the ground of separation for two years with the consent of the respondent.

This ground is used when both parties have agreed to the divorce and it is less confrontational, as there is no reason to establish fault. The grounds of adultery and unreasonable behaviour are less likely to be jointly agreed upon by the petitioner and the respondent. Divorce solicitors can give more advice about how joint petitions for divorce should be approached.

The last two grounds are unlikely to be used by parties who agree. They are used by petitioners who do not have the agreement of the respondent, or by petitioners who do not know where to find the respondent. A divorce lawyer can assess your use of these grounds with a view to advising on their likelihood of obtaining a divorce settlement.

In addition to agreeing to the reason for the divorce, the parties will have to agree to the Statement of Arrangements if they have children under the age of 16, or over the age of 16 and still in full-time education. The Statement of Arrangements must be filed with the divorce petition and it outlines the proposed arrangements for the care of the children. If both parties can agree on the arrangements, the court will rarely interfere.
The parties to a divorce are often advised to keep the divorce as civil as possible, as this is beneficial to the future relationship of the parties. However, both parties are advised to seek independent legal advice from family solicitors to ensure that their legal entitlements are protected. A family solicitor will be able to advise their client on the best method of preparing the divorce petition and how to choose the right ground for divorce.

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