WHAT IS FORM D13B USED FOR?

Form D13B is used to ask the court to dispense with serving a copy of your sole divorce application form D8 to your ex-partner and proceed with divorce proceedings even though your ex-partner could not be served or you do not know where they are. 

You can also use this form if you have applied for an annulment using form D8N or a separation using form D8S.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D13B?

There are government guidance notes on the right hand side throughout form D13B to help you complete this form. There are no other specific government guides at present for this form.

However, you can read our L.I.P Help Guide ‘The Process If Your Ex-Partner Does Not Respond To The Court Once You Have Submitted Your Sole Divorce Application Form D8 Or You Do Not Know Where They Are’. 

LINK TO OUR L.I.P HELP GUIDE ‘THE PROCESS IF YOUR EX-PARTNER DOES NOT RESPOND TO THE COURT ONCE YOU HAVE SUBMITTED YOUR SOLE DIVORCE APPLICATION FORM D8 OR YOU DO NOT KNOW WHERE THEY ARE’

You can ask the HMCTS Divorce and Dissolution Service a question. Their email address is contactdivorce@justice.gov.uk. Their telephone number is 0300 303 0642 Monday – Friday 10am – 6pm

WHAT IS THE FEE TO SEND FORM D13B TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form D13B to the court is £50.00. Please contact the court to find out how this fee is paid as form D13B does not mention payment.

HOW TO COMPLETE FORM D13B AND WHERE TO SEND IT.

• NOTE 1 – If you find there is not enough space on your form D13B to complete your answers then please continue on additional sheets of paper and attach them to your form D13B. Please remember to write your full name, date of birth, divorce case number and question/section number on the top of your additional sheets.
• NOTE 2 – The words ‘to serve your ex-partner or other party‘ means they must receive the relevant divorce applications/court papers that require them to be informed, respond, comply with directions or attend court. 
• NOTE 3 – The words to ‘to file at court‘ means submitting a court application form, evidence, statements or any other document to the court. This can be done by post, email or in person. If you are posting something to the court please send by ‘signed for recorded delivery’ so you have proof you sent it in case the court lose your documents. If you are submitting in person either get a receipt from the court or if like my local family court you find your local family court has a drop in box then please record yourself dropping your envelope into the box. Again this is proof you sent it.
• NOTE 4 – You can input your answers on form D13B online and then print a hardcopy. Alternatively you can download and print the form then complete it by black pen. 
• NOTE 5 – Please keep a copy of your application form and all attachments for yourself outside of the ones you send to the court.
• NOTE 6 – With regards to this form D13B the ‘applicant’ is the person who completed and submitted the divorce application form D8 as a sole applicant and is trying to send (serve) a copy to their ex-partner. This ex-partner is referred to as the ‘respondent’ in these divorce proceedings.
• Form D13B is 8 pages long.
• On page 1 on the top right hand corner the form will ask you to write down your divorce case number and the name of the applicant and respondent.
• Part 1 – will ask you on what date and at which address did you and the respondent last live together. 
• Part 2 – will ask you for the addresses where the respondent has lived after you both parted. You must also detail the outcome of how you have tried to reach the respondent at these addresses. If you have sent letters and they have come back saying ‘not known at this address’ then you must attach this as evidence. If you have spoken to neighbours then give these details. You must show to the court that you have made every effort possible to contact and serve the respondent. Please attach any evidence.
• Part 3 – will ask you to write down the date when the respondent was last seen or heard off. You should give details of the circumstances and all enquiries and effort you have made to try and trace the respondent. Please attach any evidence.
• Part 4 – will ask you to write down the names and addresses of relatives and friends of the respondent that you know. Please also write down their relationship with the respondent. Please detail all your enquiries and efforts you have made to contact these people to find out the whereabouts of the respondent. 
• Part 5 – will ask you if the respondent has any contact with any children within the family – if there are any of course. If the respondent does then write the details in the box provided. If the respondent has had no contact then state when the respondent last had contact with the children.
• Part 6 – will ask you if the respondent was in employment at or after the date when you both parted. If the respondent was then you will be asked to write the details such as address of the employer in the boxes provided. You will also be asked to give details of any enquiries you made with this employer to find out the whereabouts of the respondent. Have you enquired whether this employer will forward an envelope of court paperwork to the respondent for you. 
• Part 7a – will ask you if the respondent has a bank or building society account and if they have, have you made any enquiries with these banks about the whereabouts of the respondent. Could they have perhaps forwarded an envelope of court paperwork for you?
• Part 7b – will ask if the respondent was a member of any trade union or professional organisation. If they were you must give details of any enquiries and efforts you have made with these trade unions about the whereabouts of the respondent. Could they have perhaps forwarded an envelope of court paperwork for you?
• Part 8 – will ask if there is a magistrates court order for maintenance in force. If there is you must give details of any enquiries and efforts you have made with the court about the whereabouts of the respondent.
• Part 9 – will ask you if there is a child support agency calculation for child maintenance in force. If there is you must give details of any enquiries and efforts you have made with the child support agency about the whereabouts of the respondent. 
• Part 10 – will ask you what other enquiries and efforts have you made to contact or find out the whereabouts of the respondent. You must give any details in the box provided. You must also write down any other information you may have. If you have not heard from the respondent for more than 2 years you should contact the principal registry office in London and ask for a search of records to find out whether the respondent has already divorced you. Please click on the link below where it will explain how to do this – the process is the same.

LINK TO OUR HELP GUIDE FOR WHAT TO DO IF YOU LOSE YOUR FINAL ORDER/DECREE ABSOLUTE CERTIFICATE

• On page 7 you will be asked to sign a statement of truth.
• On page 8 you will be asked to write down your contact details where you want the court to send you court paperwork. Please ONLY complete this section if your contact details have changed since making your sole divorce application. If your contact details have changed and you want to keep it confidential from your ex-partner then please complete form C8 and DO NOT write your contact details here on page 8. Please also do not give the same email address as your ex-partner.

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

• Please send your completed form to HMCTS Divorce and Dissolution Service, PO Box 13226, Harlow, CM20 9UG.
• Please remember you have to satisfy the court that you have made the best possible efforts to contact your ex-partner to serve them your divorce paperwork. Only if the court is satisfied will they go ahead with the divorce without your ex-partner being served.

WHERE CAN YOU FIND FORM D13B/DOWNLOAD THIS FORM?

Please click on the link below to access form D13B from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D13B

WHEN WAS FORM D13B FIRST PUBLISHED AND LAST UPDATED?

Form D13B was first published by the government (HM Courts & Tribunals Service) on 06-04-2022 and last updated on 21-03-2024.