Forms You Need If Your Ex-Partner Does Not Respond To The Court Once You Have Started Divorce Proceedings By Submitting Your Sole Divorce Application Form D8 Or You Do Not Know Where They Are

There are 4 government forms you may need if your ex-partner does not respond to the court once you start divorce proceedings by submitting a sole divorce application form D8 or you do not know where they are. They are –

BOX 1 – Form D89 is used to request the family court bailiff to give (serve) a copy of your court application form to your ex-partner or any other relevant party.

The words ‘to serve’ or ‘serving court papers to your ex-partner’ means they must receive copies of your application form and other relevant court papers that require them to be informed, respond, comply with court directions or attend court. 

BOX 2 – Form D11 – If your ex-partner has not responded to the court even after the court has served them, you can apply to the court for deemed service. This means you are asking the court to proceed with the divorce without your ex-partner’s approval. You can do this using form D11. This form has a fee, therefore, you may need the form in box 3 below to help you with the fee.

BOX 3 – Form EX160 is the form used by individuals who are on a low income or on certain benefits. This form will allow them to apply for help with their court form fees. Once completed and evidence of benefits and bank statements attached, form EX160 can be sent along with any court forms where a fee is payable. The court will assess whether your fees will be paid for you. You may need this form for help with fees for form D11. You can apply online in advance and get a ‘help with fees’ reference number starting with HWF to write into the relevant box on the form you need help with.

BOX 4 – Form D13B is used to ask the court to dispense with serving your ex-partner a copy of your divorce paperwork and proceed with the divorce even though your ex-partner could not be served or you do not know where they are. You have to satisfy the court that you have made the best possible efforts to contact your ex-partner to serve them the divorce paperwork. Only if the court is satisfied will they go ahead with the divorce without your ex-partner being served. This form is free to send to the court.

BOX 5 – Form FP6 is used to inform the court that your ex-partner (the respondent/the other party or their legal representative) has been sent or given (called SERVED in court language) court paperwork (such as a copy of a completed application form) that require them to informed, respond, comply with court directions or attend court.  

Please click on the box below of the form you need and you will be taken to that page where you can download the form and get more information about how to complete it