I AM L.I.P

Form D84
Form Used To Apply For A Conditional Order

 

WHAT IS FORM D84 USED FOR?

Form D84 is used to apply for a conditional order which means the court believes you are entitled to a divorce. 

You can apply for a conditional order 20 weeks after the court has processed your divorce application form D8 and issued a notice of proceedings. The court will send you an email stating from when you can apply for a conditional order. 

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D84?

There are no specific government guides to help you complete form D84. 

You can also read our L.I.P Help Guide ‘the process of applying for a conditional order’

LINK TO OUR L.I.P HELP GUIDE ‘THE PROCESS OF APPLYING FOR A CONDITIONAL ORDER’

You can also email the court for help – contactdivorce@justice.gov.uk

You can phone the court for help on 0300 303 0642.  10am – 6pm on Monday – Friday.

WHAT IS THE FEE TO SEND FORM D84 TO THE COURT AND HOW TO PAY FOR IT?

This form is free to send to the court.

HOW TO COMPLETE FORM D84 AND WHERE TO SEND IT.

How you complete form D84 will depend upon how the divorce application form D8 was submitted.

 SOLE APPLICANT – If you submitted the initial divorce application form D8 by yourself as a sole applicant, then as the applicant you can to apply for a conditional order after 20 weeks using form D84. As stated above the court will email you from when you can apply and how you can apply (by post or online). How you apply, whether by post or online, will depend upon how you submitted your initial divorce application form D8 in the first place. You must inform your ex-partner (the respondent) and give them 14 days notice that you are submitting form D84. You must also send (serve) them a copy of your form D84. You must prove to the court you have served your ex-partner. You can do this by sending the court a completed certificate of service form FP6.

LINK TO OUR L.I.P HELP GUIDE FOR FORM FP6

Please also note by completing form D84, you are informing the court that the contents of your ex-partner’s form D10 (acknowledgement of service form) are correct.

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

JOINT APPLICANT – If you and your ex-partner jointly submitted your initial divorce application form then as applicant 1 and applicant 2 the court will inform you both by email or letter from when you can both jointly apply for a conditional order. It is 20 weeks after the court issued your notice of divorce proceedings. You can do this using form D84. 

JOINT APPLICANT TURNED SOLE APPLICANT – If you and your ex-partner jointly submitted the initial divorce application form but now for whatever reason you both do not want to continue as joint applicants then either of you can submit form D84 for a conditional order by yourself. This can be done 20 weeks after the court issued your notice of divorce proceedings. Which ever one of you does, they must give the other 14 days notice and send (serve) them a copy of the completed form D84. This person who submits form D84 to the court will now be known as the applicant. The other person will be referred to as the respondent. Once the court receives this form D84 they will inform both of you by letter or email that the divorce application has changed from a joint application to a sole application. You must prove to the court you have served your ex-partner by submitting a completed certificate of service form FP6.

METHOD OF SUBMISSION –  Whether you apply for a conditional order online or by post will depend upon which method you submitted your divorce application form D8 in the first place. If you applied by post then you will submit your form D84 by post. If you applied online then you will submit your form D84 online.

IF YOU ARE SUBMITTING A HARDCOPY OF YOUR FORM D84 BY POST PLEASE  DO THE FOLLOWING – 

  • NOTE 1 – If you find there is not enough space on your form D84 to complete your answers then please continue on additional sheets of paper and attach them to your form D84. 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 respond, comply with directions or attend court. 
  • NOTE 3 – The words to ‘to file at court‘ means submitting an court application form, evidence, statement or any other document to the court.
  • NOTE 4 – Please remember to keep a copy of your form and all attachments for yourself outside of the copy you send to the court
  • NOTE 5 – You can complete form D84 online then print a hardcopy. Alternatively you can download it, print it and complete it by black pen.
  • Form D84 is 7 pages long
  • On page 1 at the top you will be asked to write down your divorce case number and yours and your ex-partners full names. You will need to write your name in the sole applicant/applicant 1 box. You will need to write your ex-partners name in the applicant 2 box if this is a joint application or in the respondents box if this is a sole application. 
  • If this is a sole application – please complete parts A, C and D
  • If this is a joint application – please complete parts B, C and D (do not complete part B10)
  • If your divorce started with a joint application but is now proceeding as a sole application complete parts B, C and D (do not complete part B9)
  • PART A – Sole applicant
    • Part A1 – is asking you to write your full name in the boxes provided.
    • Part A2 – is asking whether you are applying for a conditional order for a divorce, dissolution or separation. Please tick the relevant box.
    • Part A3 – will ask you if your ex-partner (the respondent) has filed an acknowledgement of service form D10 with the court. If you tick the ‘no’ box then you can go straight to question 7.  If you have ticked the ‘yes’ box you must go to question 4.
    • Part A4 – will ask if your ex-partner (the respondent) has signed a paper version of the acknowledgement of service. If you tick the ‘yes’ box go to question 5. If you tick the ‘no’ box go straight to part C.
    • Part A5 – will ask you who has signed this acknowledgement of service form D10 – your ex-partner or their solicitor/legal representative. If you tick the box that says ‘the respondent’ then you must attach a copy of the acknowledgement of service form. If you tick the box that says ‘legal representative’ then you must go straight to Part C.
    • Part A6 – will ask you if the signature in the statement of truth signature box on your ex-partners acknowledgement of service D10 form is that of your spouse or civil partner (the respondent). The court requires you to attach a copy of the acknowledgement of service form and write the letter ‘A’ in uppercase next to the signature. If you tick either of the boxes ‘spouse’ or ‘civil partner’ then you should now go straight to part C.
    • Part A7 – Will ask if you are attaching a certificate of service form FP6, a court order dispensing with or deemed service or any other evidence BECAUSE your ex-partner (the respondent) has NOT returned their acknowledgement of service form D10 to the court. If this is the case you must now go to part C.
  • PART B – Joint Applicants
    • Part B8 – will ask you for the full name of applicant 1.
    • Part B9 – will ask you for the full name of applicant 2.
    • Part B10 – please complete this part ONLY if you and your ex-partner are continuing as joint applicants and are jointly applying for a conditional order for divorce. dissolution or separation.
    • Part B11 – please complete this part ONLY if you and your ex-partner started of the divorce process as joint applicants but now one of you is proceeding as a sole applicant. Please note that once you continue as a sole applicant you cannot revert to a joint application. If you are continuing as a sole applicant then you must serve a copy of this form D84 to your ex-partner.
  • PART C – Statement in support
    • Part C12 – will ask you if you have read your divorce application form D8. Please tick the relevant box.
    • Part C13 – will ask you if you wish to alter or add anything to your original divorce application form D8. If you do not then tick the ‘NO’ box. If you do tick the ‘YES’ box and write down the details in the box provided. Once the court receive your completed form D84 they will inform you if these alterations and additions will incur additional costs.  
    • Part C14 – will ask besides the alterations and additions mentioned in part C13 is everything else written on your divorce application form D8 correct. Please give details in the box provided.
  • PART D – Statement of truth
    •  Part D15 – The sole applicant or applicant 1 will be required to sign a statement of truth. Please note if you as the sole applicant have identified your ex-partners (the respondents) signature on their acknowledgement of service form D10 then you must sign this statement of truth here. Your solicitor if you have one must not.
    • Part D16 – If this is a joint application for a conditional order then applicant 2 must sign this statement of truth.
  • Please send your completed form and all attachments to HMCTS Divorce and Dissolution Service, PO Box 13226, Harlow, CM20 9UG.
  • Please remember to attach a copy of your ex-partner’s form D10 (acknowledgement of service form) and put the letter ‘A’ in uppercase next to their signature to confirm that it is indeed their signature. If your ex-partner’s form D10 has been signed by a solicitor, then there is no need to confirm the signature.
  • Once the court receives your application D84 for a conditional order the judge will consider your application. Approximately 5-6 weeks after sending in your conditional order application, the court will send you a certificate of entitlement to a conditional order document by email or post informing you and your ex-partner of a conditional order pronouncement date hearing where a judge will consider your application for a conditional order. Neither of you have to attend this hearing.

At this hearing, the judge will have in front of them –

    • A copy of your divorce application form D8.
    • Your conditional order application form D84.
    • Your ex-partner’s acknowledgement of service form D10 and their answer form D8B if they do not agree with the divorce if you have made a sole application. 

The judge will consider whether to grant a conditional order. Once granted, you and your ex-partner will both receive a form D29  (the conditional order) and a form D84A (a notice of conditional order date and time when the conditional order was issued).

If the court rejects your conditional order application, they will send you form D79, which is a notice of refusal certificate. You will be given the reasons why a refusal certificate has been issued. More often than not the court will be asking for more information from you or to amend your original form D84 application so a conditional order can be granted. It is important that you read what the court is asking for and send it in.

WHERE CAN YOU FIND FORM D84/DOWNLOAD THIS FORM?

Please click on the link below to access form D84 from the government website. Complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D84

You can also submit your form D84 online. This will depend whether you started your divorce process using this method and if you did then you can.

WHEN WAS FORM D84 FIRST PUBLISHED AND LAST UPDATED?

Form D84 was first published by the government (HM Courts & Tribunals Service) on 06-04-2022 and last updated on 13-06-2024.