WHAT IS FORM D8B USED FOR? 

Before you read this Help Guide on form D8B let us RECALL a few facts first and then the purpose of form D8B will be explained after – 

• Your ex-partner has started divorce proceedings by submitting the divorce application form D8 as a sole applicant.
• They are referred to as the applicant in these divorce proceedings.
• You are known as the respondent.
• The court has sent you paperwork informing you that your ex-partner has started divorce proceedings. You have received – 
  • • A court case number.
    • Notice of divorce proceedings/notice that the application has been issued ( formerly known as form D9H)
    • A court stamped copy of your ex-partners divorce application form D8.
    • An acknowledgement of service form called form D10
• How you received the above documents, whether by by email or post, depended upon which of these methods your ex-partner used to submit their divorce application form D8.
• The court required you to complete and return your acknowledgement of service form D10 within 14 days. How you returned your completed form D10 to the court depended upon how your ex-partner submitted their divorce application form D8 or if you have/or intend to hire a solicitor. 
• On your acknowledgement of service form D10 you will have informed the court whether you agree or disagree with the divorce.
• If you agree that the divorce should go ahead then your divorce is called an undefended divorce. In this case your ex-partner who applied for the divorce in the first place (the applicant) can apply for a conditional order after 20 weeks. A conditional order is a legal document issued by the family court stating you are entitled to a divorce. Meanwhile you both can sort out child arrangements and the division of your marital assets, finances and pensions. 
• If you DO NOT agree that the divorce should go ahead then your divorce is a defended/disputed divorce. After you have returned your form D10 to the court within 14 days, you will need to complete an answer form D8B and return it to the court within 21 days from the last date you should have returned your form D10 (14 days from when you receive the application).

Therefore, form D8B is called an ‘answer form’ and used to explain to the court that you do not agree with your ex-partners divorce application. You MUST have a legal reason to disagree with the divorce such as your marriage is invalid, the divorce has already taken place or the court doesn’t have jurisdiction to handle the divorce. There will now be a court hearing which both you and your ex-partner will both attend and come to an agreement. 

If you do not send your answer form D8B to the court your ex-partner (the applicant) can continue and apply for a conditional order after 20 weeks. 

You will return your completed answer form D8B to the court by the same method you returned your acknowledgment of service form D10. 

• If you returned your form D10 online – You will have already opened a Gov.uk account when you returned your form D10. All you have to do now is log back in, download form D8B, complete your form D8B online and email it to the court. You can also complete it online, print it and post it to the court. The address will be online. 
• If you have a solicitor – They will return your completed form D8B for you by post.
• If you returned your form D10 by post – You will need to send your completed form D8B to the court by post. You can download form D8B, complete it online, print it and then post it. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM D8

LINK TO OUR L.I.P HELP GUIDE FOR FORM D10

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D8B?

There are no specific government guides at present, but you can read the government guide ‘respond to a divorce application’.

LINK TO GOVERNMENT GUIDE TO THE PROCESS OF RESPONDING TO THE COURT IF YOUR EX-PARTNER HAS STARTED DIVORCE PROCEEDINGS BY SUBMITTING A SOLE DIVORCE APPLICATION FORM D8

LINK TO OUR L.I.P HELP GUIDE FOR ‘THE PROCESS OF RESPONDING TO THE COURT IF YOUR EX-PARTNER HAS STARTED DIVORCE PROCEEDINGS BY SUBMITTING A SOLE DIVORCE APPLICATION FORM D8’

WHAT IS THE FEE TO SEND FORM D8B TO THE COURT AND HOW TO PAY FOR IT?

The fee to send this form D8B to the court is £245.00.

LINK TO GOVERNMENT LEAFLET EX50 FOR COURT FEES 

Page 7 of form D8B will go over the methods of payment.

• If you are on certain benefits or on a low income, you can apply to the court to have your 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 D8B 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 write in the box on page 7. 

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

• You can pay by debit or credit card. If you want to pay by phone please tick the box. You should call the court on 0300 303 0642 10am – 6pm Monday – Friday 10 days after submitting your application form D8B to give payment. You can also ask the court to email you details how to pay by writing your email details in the box provided.
• You can attach a cheque or postal order to your form D8B made payable to HMCTS.

HOW TO COMPLETE FORM D8B AND WHERE TO SEND IT

• NOTE 1 – If you find there is not enough space on your form D8B to complete your answers then please continue on additional sheets of paper and attach them to your form D8B. 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 your form D8B 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 completed application form and all attachments for yourself outside of the ones you send to the court.
• NOTE 6 – With regards to this form D8B and as stated above the person who started divorce proceedings by submitting divorce application form D8 is known as the applicant. The other ex-partner is known as the respondent.
• Form D8B is 9 pages long.
• On page 2 will ask you to write down your full name. Then you will be asked to write down your ex-partners name.
• On page 3 you will be asked the LEGAL reason why you are disputing your ex-partners divorce application. You must tick the relevant box and give details in the box provided.
• On page 4 you will be asked what court orders are you asking the court to make. Do you wish the court to dismiss your ex-partners divorce application or need another curt order or you may wish to make an application for divorce yourself and need permission. You must tick the relevant box and give details.  
• On page 5 you will be asked to give details of any previous or existing court proceedings in the UK and overseas that relate to your marriage or that affect its validity. 
• On page 6 you will be asked if you want to keep your contact details confidential from your ex-partner. Please tick the appropriate box. If you do then do not write your contact details on this page. You will need to complete form C8 and attach it to this form D8B. If you do not then write your contact details in the boxes provided.

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

• Page 7 is about how to pay the fee for this form. This is discussed above.
• On Page 8 you will be asked to sign a statement of truth.
• Please send your completed form, all attachments and other forms to HMCTS Divorce and Dissolution Service. PO Box 13226, Harlow, CM20 9UG.  Email address is – contactdivorce@justice.gov.uk. 

WHERE CAN YOU FIND FORM D8B/DOWNLOAD THIS FORM?

Please click on the link below to access form D8B from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D8B

WHEN WAS FORM D8B FIRST PUBLISHED AND LAST UPDATED?

Form D8B was first published by the government (HM Courts & Tribunals Service) on 06-04-2022 and last updated on 21-03-2024