Form D8S

WHAT IS THE FEE TO SEND FORM D8S TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form D8S to the court is £365.00.

• Please attach a cheque or postal order for £365.00 made payable to HM Courts & Tribunal Service. You can also write HMCTS on your cheque.
• If you want to pay by credit or debit card, please tick the box on page 17 of your form D8S. If you have ticked the box that says you will pay over the phone please call the court after 10 days on 0300 303 0642 (8am – 6pm Monday to Friday, 8am – 2pm Saturday). Alternatively you can give your email address so the court can email you details on how to pay. 
• If you are on certain benefits or on a low income, you can apply to the court to have your £365.00 fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form D8S for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to put in the box on page 17 of form D8S. If this is a joint application both applicant 1 and 2 must be eligible for ‘help with fees’ otherwise the full fee is payable by one or both of you. You both must apply separately and either send two completed EX160 forms in with your form D8S or write down both HWF numbers on your form D8S.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes) 

HOW TO COMPLETE FORM D8S AND WHERE TO SEND IT.

You and your ex-partner have 2 choices when submitting form D8S to start separation proceedings –

• MAKE A JOINT APPLICATION – You both can make a joint application together using the same form D8S. If this is the case then you will be known as applicant 1 and your ex-partner will be known as applicant 2. 
• MAKE A SOLE APPLICATION – If you are completing and sending form D8S on your own (sole application), then you are known as the applicant or petitioner. Your ex-partner will be known as the respondent.

Form D8S is the initial application form that you send to the family court to start court proceedings for a legal separation. If you want to sort out child arrangements it is the same process as the one written in Help Guide 4. If you want to sort out the division of your marital finances, assets and pensions it is the same process as the one written in Help Guide 5. 

The words ‘to serve’ or ‘serving court papers to your ex-partner’ below means they must receive copies of your application form and other relevant court papers that require them to respond, comply with court directions or attend court. Depending upon the type of court application form submitted you can either do this yourself or the family court will do this for you.

• NOTE 1 – If there is not enough space to complete your answers on form D8S then please continue on extra sheets of paper and attach them to your form. Please remember to write your name, date of birth and question number on the top of the sheet.
• NOTE 2 – You can complete form D8S online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE 3 – Please send at least 3-4 copies of form D8S and any attachments to the court. The court will distribute the copies accordingly. One copy is required for the court and one for each party in the proceedings.
• NOTE 4 – Please keep a copy of your form D8S and all attachments for yourself outside of the ones you send to the court.
• NOTE 5 – The words ‘to serve your ex-partner’ below mean that they must be given/receive a copy of your application form and any other relevant court documents that require them to be informed, respond, comply with court direcions or attend court. 
• The downloaded hard copy of form D8S is 18 pages long.  
• Section 1 – Your Application 
  • Part 1.1 will ask whether you are applying as a sole applicant or as joint applicants. Please tick the relevant box. If you are applying on your own the court will send a copy of your completed form D8S to your ex-partner. 
  • Part 1.2 will ask whether you are submitting your original marriage certificate. This is a legal requirement. You cannot submit a copy. If you do not have your original marriage certificate you can get an original by clicking the link below. If your marriage certificate is not in English you will be asked to provide a translation that has been certified by a notary public or authenticated by a statement of truth by the person who translated the document. In cases of an emergency you can make submit your application form D8S without your marriage certificate and send it in afterwards. You can do this by informing the court by completing and submitting an application form D11 with your form D8S. There is a separate fee to submit form D11. 

LINK TO GOVERNMENT WEBSITE FOR MARRIAGE CERTIFICATE

LINK TO FIND A NOTARY PUBLIC

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11

• Section 2 – About You
  • Part 2.1 will ask you to write your first, middle and surname. If you have changed your name since your marriage by deed poll you must attach a copy of the deed poll. If your name does not match your marriage certificate you must explain in the box provided why it does not.
  • Part 2.2 will ask if you would like to keep your contact details confidential from your ex-partner. If this is the case then you must complete form C8 and leave part 2.3 on your form D8S blank. The court will not disclose your contact details to the other party in these proceedings. You yourself must ensure that all documents, evidence and paperwork you send to the court from now on must not have your contact details on them. The court will not do this for you.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C8

• • Part 2.3 will ask for your contact details. Please do not write anything if you want to keep your contact details confidential from your ex-partner.  
  • Part 2.4 will ask you whether you have a solicitor acting for you. Parts 2.5 – 2.8 will ask you their details if you have a solicitor.
• Section 3 – About the respondent or applicant 2
  • Part 3.1 – If you are a sole applicant please write the respondents full name. If you are applicant 2 then please complete part 3.1. 
  • Part 3.2 – If the respondents name has been changed by deed poll then a copy of the deed poll must be attached. If the name is different from the name on the marriage certificate, reasons must be given in the box provided.
  • Part 3.3 will ask for the respondents/applicant 2’s contact details including email address for service. If this is a joint application then please go to part 3.7 otherwise answer parts 3.4, 3.5 and 3.6.
  • Part 3.4 will ask is this application to be served on the respondent outside England and Wales. If so then you will need to arrange service to your ex-partner yourself.
  • Part 3.5 – The court will serve this application on the respondent by email and a notice of proceedings will be sent by post. If you want to ask the court to serve this application by email only or you will arrange yourself to serve the respondent then you must tick the relevant box.  
  • Part 3.6 will ask if the respondent has provided a different address for the court documents to be sent to. Please tick the relevant box.
  • Part 3.7, 3.8, 3.9 and 3.10 will ask for the respondents solicitors details.
• Section 4 – Details of marriage 
  • Part 4.1 will ask if your marriage took place outside of the UK.
  • Part 4.2 will ask if you are making a separate application to ask the court to start proceedings for legal separation with out a marriage certificate. As stated above you can make an application using form D11 informing the court you will send your marriage certificate in at a later date. If this is the case you must write where your marriage took place in the box provided. 
  • Part 4.3 will ask you for the date of your marriage.
  • Part 4.4 will ask for yours and the respondents/applicant 2’s full name as it appears on your marriage certificate.
  • Part 4.5 will ask if the details set out in your marriage certificate are correct. If they are not you will need to explain why in the box provided.
• Section 5 – Why this court can deal with your case
  • Part 5.1 will explain to you what habitual residence and domicile mean. You will be asked to tick the box of the statement that applies to you. Please read the explanations.
  • Part 5.2 is to be answered if you have a civil partnership or are in a same sex marriage. 
• Section 6 –  Statement of separation
  •  Part 6.1 will ask you and applicant 2 if this is a joint application to confirm by ticking the box that you seek to be separated from the other party. 
• Section 7 –  Existing or previous court cases
  • Part 7.1 will ask you if there are any existing or previous court cases in the UK or overseas relating to your marriage or its validity. If yes then give the case number(s) and details in the boxes provided.
• Section 8 – Dividing your money and property – financial court orders being sought
  • You can apply for financial court orders for yourself and your children. A list of financial court orders are listed in section 8. Please click on the link below for more detail on these financial court orders 

LINK TO OUR L.I.P HELP GUIDE FOR FINANCIAL TERMS AND FINANCIAL COURT ORDERS EXPLAINED.

• • If you and your ex-partner have reached an agreement between yourselves or through mediation on how you will split your finances, property and assets then you can both have these agreements and decisions written down on a document called a draft separation order by consent. Once your form D8S has been submitted and accepted, then you can submit your draft separation consent order for the court to formalise/approve into a legally binding separation court order. In order to do this your draft separation order must be sent alongside a completed form A.
  • If you and your ex-partner have not reached an agreement with regards to your finances, property and assets then you can ask the court to decide for you both. In this case you will still have to submit form A once your form D8S has been accepted by the court and they have issued a notice of proceedings.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

• • Part 8.1 will ask you the sole applicant/applicant 1 and applicant 2 if this is a joint application whether you would like to apply for a financial court order for yourself and the children. If you answer ‘NO’ you can still apply for a financial court order in the future. You will lose this right once you marry someone else. 
• Section 9 – Summary of what is being applied for
  • Part 9.1, 9.2 and 9.3 – please tick the relevant boxes to summarise the answers from the sections above.
• Section 10 – Statement of truth
  • Part 10.1 – you as the sole applicant/applicant 1 will be asked to sign a statement of truth.
  • Part 10.2 – applicant 2 will be asked to sign a statement of truth if this is a joint application.
• As stated above please send 3 copies of your form D8S, all attachments and other forms to HMCTS Divorce and Dissolution service, PO Box 13226, Harlow, CM20 9UG