Although most cases are between spouses or former spouses, there are situations where another person or even a company has a legal interest in the issues being decided by the court. When this happens, it may not be possible for the court to reach a fair outcome without involving that third party in the proceedings. This is where a joinder application becomes important.

For many people, the concept of joining another person to divorce proceedings sounds unusual. After all, divorce is a matter between two spouses. However, financial disputes are frequently more complicated than they first appear. Property may be owned jointly with parents, a family business may hold valuable assets, or someone else may claim ownership of money that one spouse says should be included in the matrimonial finances.

A joinder application allows the court to bring the relevant person or organisation into the proceedings so that their interests can be properly considered before any final decisions are made.

Without joinder, the court could make an order that unfairly affects someone who has never been given the chance to explain their position.

Why might a third party need to become involved?

There are many situations where someone outside the marriage has a genuine interest in the financial issues being resolved.

Perhaps the most common example involves property ownership. Imagine a married couple living in a house that is legally owned by one spouse and that spouse’s parents. During the divorce, the other spouse argues that the property forms part of the matrimonial assets because the parents’ names were only added for administrative reasons.

But what happens if the parents disagree and maintain that they own a genuine share of the property? The court cannot fairly determine ownership without hearing from the parents themselves. In these circumstances, joining them to the proceedings may be appropriate.

Similar issues arise where a family member claims to have lent substantial sums of money to one or both spouses.

One spouse may argue that the loan is genuine and should reduce the value of the matrimonial assets available for division. While the other may say that the alleged loan is simply a gift or has been invented to reduce the financial settlement.

If the lender wishes to recover the money, they may need to become a party so that the court can determine whether the debt is legally enforceable.

Who can be joined?

Many different individuals and organisations can potentially become parties to family proceedings.

These may include:

  • Parents or other relatives
  • Adult children in limited circumstances
  • Business partners
  • Companies
  • Trustees
  • Property co-owners
  • Individuals claiming repayment of significant loans
  • Anyone asserting a legal interest in assets under dispute

Each case depends entirely on its own facts, and the proposed party must have a genuine legal interest that could be affected by the court’s decision.

How does the court decide whether joinder is appropriate?

The family court will not permit joinder simply because one party believes someone should become involved. Instead, the judge carefully considers whether joining the third party is necessary to enable the court to resolve the issues fairly. Several factors are likely to be considered, including whether the:

  • Proposed party has a real legal interest in the dispute
  • Court can make an effective order without involving them
  • Refusing the joinder risks injustice to either the existing parties or the proposed third party

The court also considers whether joining another party would unnecessarily complicate proceedings or increase costs without providing meaningful assistance. The overriding objective remains dealing with cases justly and proportionately.

What evidence supports a joinder application?

Applications should be supported by clear evidence; depending on the circumstances, this may include:

  • Property title documents
  • Land Registry records
  • Loan agreements
  • Bank statements showing financial transfers
  • Company accounts
  • Shareholder agreements
  • Trust deeds
  • Emails, letters, or text messages discussing ownership arrangements
  • Witness statements explaining the background
  • Mortgage documentation
  • Contracts relating to business assets

The stronger the documentary evidence, the easier it is for the court to understand why another party’s involvement may be necessary.

If someone opposes a joinder application, they will need to provide evidence showing that the proposed third party has no genuine legal interest or that their involvement would add unnecessary complexity without assisting the court.

What happens after someone is joined?

Once the court joins the third party, they formally become part of the proceedings. This does not mean they become involved in every aspect of the divorce itself; rather, they participate in relation to the issues affecting their legal interests.

For example, parents joined because they claim ownership of part of a property will not generally become involved in discussions about child arrangements. Instead, their role focuses on the property dispute only.

The joined party will usually receive copies of relevant court documents and have the opportunity to file evidence explaining their position. They may attend hearings, instruct solicitors and, where appropriate, instruct barristers to represent them.

If the matter cannot be resolved, the court will hear evidence from all relevant parties before determining the disputed issue.

Can joinder make a case take longer?

Adding another party naturally introduces additional issues that require investigation. The joined party may need time to obtain legal advice, gather documents and prepare witness evidence. In addition, further disclosure may become necessary.

Further hearings may also be required to determine preliminary issues before the court can resolve the financial claims between the spouses. Although this can extend proceedings, a joinder order is sometimes essential.

Attempting to resolve ownership disputes without involving everyone affected may simply create further litigation after the divorce has concluded; resolving all relevant issues together is often more efficient in the long term.

What should you do if you believe someone else has an interest?

If you suspect that another individual or organisation has a legal interest in assets involved in your financial proceedings, it is important to raise the issue as early as possible. This is because delaying the matter can increase costs and add to the complexity of the case.

Your solicitor will usually consider questions such as:

  • Who legally owns the asset?
  • Does anyone else claim ownership?
  • Has money been advanced as a loan or a gift?
  • Are company or trust structures involved?
  • Will the court’s decision affect another person’s legal rights?

Early investigation allows documents to be obtained while evidence remains available and memories remain fresh. Even if it ultimately proves unnecessary to make a joinder application, identifying potential issues early helps ensure the case proceeds efficiently.

If you believe that a third party may have an interest in assets involved in your divorce or financial remedy proceedings, obtaining specialist legal advice at an early stage can help identify the appropriate course of action and minimise unnecessary delay.