Understanding the difference between a petitioner and a respondent can make the divorce process feel much clearer. These terms were traditionally used to describe the two people involved in a divorce, but the terminology changed when no fault divorce came into effect on 6 April 2022.
If you are dealing with a divorce that started before that date, you may still be referred to as either the petitioner or the respondent. If your divorce began after that date, you are more likely to be called the applicant, and in some cases both spouses can apply together as joint applicants.
This guide explains what these roles mean, how they apply to divorces before and after 6 April 2022, and what your role means in practical terms.
For an overview of the process itself, read our guide to the divorce process. For more information about the newer system, see No fault divorce: Everything you need to know.
Why divorce terms matter
Legal terminology can be confusing, especially during an already stressful time. Knowing whether you are the person starting the divorce or the person responding to it helps you understand what paperwork you are likely to receive, what deadlines may apply, and what part you play in moving the process forward.
Although these labels sound formal, they do not make one person more important than the other. In most cases, they are simply administrative terms used to identify each party in the divorce.
How divorce terminology changed on 6 April 2022
Before 6 April 2022, the person who began the divorce was known as the petitioner, and the other spouse was known as the respondent.
After the introduction of no fault divorce, the terminology changed. The petitioner became the applicant, and the law also introduced the option for couples to apply together as joint applicants. This means there may not always be a respondent in newer divorce applications.
However, older cases that started before 6 April 2022 still use the previous language. That is why you may still come across both sets of terms.
For divorces that began before 6 April 2022
Who is the petitioner?
The petitioner is the person who started the divorce proceedings.
If you began the paperwork, you are likely to be the petitioner. Under the old system, it was your responsibility to show that the marriage had broken down. You would usually need to rely on one of the accepted grounds for divorce and, in some situations, provide evidence to support your application.
You were called the petitioner because you filed the divorce petition that formally started the process.
To understand the old legal basis for divorce in more detail, you may find it helpful to read about the grounds for divorce.
What the petitioner was responsible for
Under the previous system, the petitioner was usually the person who took the first practical steps. This often included completing the initial application, paying the court fee, setting out the reason for the divorce, and making sure the documents were sent to the court correctly.
Depending on the circumstances, the petitioner might also have needed to deal with service of documents and respond to any issues raised by the respondent.
Even so, being the petitioner did not automatically give you a better position when it came to financial matters or arrangements for children. Those issues were dealt with separately.
Who is the respondent?
The respondent is the spouse who receives the divorce request. As the name suggests, this is the person expected to respond to the divorce petition by completing the required paperwork and returning it to the court.
Under the old system, the respondent could either accept the divorce or defend it, depending on whether they agreed with the petition and the reasons given for it.
You were called the respondent because you were responding to the divorce petition.
What the respondent needed to do
In practical terms, the respondent needed to read the divorce papers carefully and decide how to reply. This usually meant completing an acknowledgement of service form. If the respondent wanted to challenge the petition, a different form and further steps were required.
If you agreed with the petition, you generally had a shorter time to respond. If you intended to defend it, the process could become more complicated and costly.
If you are unsure about how to respond to divorce paperwork, it can help to speak to a solicitor about your options before taking action.
Are you the petitioner or respondent?
A petitioner is the person who first asked for the divorce. The respondent is the spouse who received that request. Even where both people had agreed that the marriage should end, one person still had to take the lead in formally starting the process.
There was no real advantage or disadvantage in being the petitioner or the respondent. These labels were mainly used to distinguish the person who started the case from the person replying to it.
For divorces that began after 6 April 2022
Who is the applicant?
The applicant is the person who applies for divorce under the current system.
If one spouse applies alone, they are the sole applicant and the other spouse is usually the respondent. If both spouses apply together, they are known as joint applicants.
This change was introduced as part of the move to a no fault divorce system, which was designed to reduce conflict and make the language around divorce less accusatory.
What it means to be a joint applicant
Being joint applicants means both spouses apply together rather than one person applying against the other. This can be helpful where both parties agree that the marriage has ended and want a more cooperative approach.
Applying jointly may also make the tone of the process feel less confrontational, which can be especially valuable where you are also trying to agree arrangements for children, finances, or property.
Even in a joint application, you may still need to deal separately with financial settlements and practical arrangements after the divorce.
Who is the respondent
Your spouse will still be referred to as the respondent if you apply for divorce on your own.
Their role is broadly similar to the old system in that they still receive the paperwork and are expected to acknowledge it. However, the new process is more limited in terms of what can be challenged.
Under the no fault divorce system, a respondent can no longer oppose the divorce simply because they do not want it to go ahead. Any dispute is generally limited to technical legal issues, such as whether the court has jurisdiction or whether the marriage itself is legally valid.
Are you the applicant or the respondent?
This depends on how the divorce started.
- If you made the application yourself, you are the applicant and your spouse is the respondent.
- If you and your spouse applied together, you are both joint applicants.
- If your spouse applied on their own and named you in the paperwork, you are the respondent.
So, unlike the old system, the answer is not always limited to one person starting the case and the other responding to it. The option of a joint application gives couples more flexibility.
Does your role affect finances or child arrangements?
In most cases, no. Whether you are the petitioner, respondent, applicant, or joint applicant does not automatically affect how finances are divided or what arrangements are made for children.
Financial settlements are based on the facts of your situation, such as income, assets, debts, housing needs, and any children involved. Child arrangements are based on what is in the child’s best interests.
This means your legal label in the divorce process is mainly about procedure rather than outcome.
Common points of confusion
It is common for people to assume that the person who starts the divorce has more control over the outcome. In reality, starting the process does not usually give you an advantage when it comes to decisions about money or children.
Another common misunderstanding is that the respondent can always stop the divorce. That was limited even under the old system, and under the newer no fault system it is more restricted still.
People are also sometimes unsure which terms apply to them if their divorce started during the transition period. As a general rule, the date the case began determines whether the old or new terminology is used.
When to get legal advice
Even if the terminology seems straightforward, the wider divorce process can still be complex. It is worth getting legal advice if there are disagreements about finances, property, pensions, or child arrangements, or if you are unsure how to respond to court documents.
You may also want advice if your marriage involved another country, if there are questions about where proceedings should take place, or if you think there could be a technical reason to challenge the application.
Getting advice early can help you understand your position and avoid delays or unnecessary costs later on.
Summary: petitioner vs. respondent
If your divorce began before 6 April 2022, the person who started the divorce was called the petitioner and the other spouse was the respondent.
If your divorce began after 6 April 2022, the person starting the divorce is called the applicant. Where both spouses apply together, they are joint applicants, and there may be no respondent at all.
Although the terminology has changed, the main point remains the same: these labels are there to identify each person’s role in the process, not to give one person a legal advantage over the other.
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