WHAT IS FORM D8 USED FOR?

Form D8 is the initial application form used to start the divorce process.

You can download a paper copy of form D8 to complete and post, or you can complete and submit it online.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D8?

• You can read our L.I.P Help Guide ‘The Process Of Starting Your Divorce’. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘THE PROCESS OF STARTING YOUR DIVORCE’

• The government have also written a guide called ‘separating or divorcing – what you need to do’.

LINK TO GOVERNMENT GUIDE ‘SEPARATING OR DIVORCING – WHAT YOU NEED TO DO’.

• If you need help you can call the courts and tribunal service. Telephone – 0300 303 0642 (10am – 6pm Monday – Friday). Email – contactdivorce@justice.gov.uk 
• If you need help with how to complete form D8 online because you do nit know how to use the internet or do not have access to a computer then you can contact the digital support helpline. Telephone – 03300 160051  (9am – 5pm Monday – Friday). 

WHAT IS THE FEE TO SEND FORM D8 TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form D8 to the court is £593.00.

IF YOU ARE POSTING A PAPERCOPY OF YOUR FORM D8, THEN – 

• Please attach a cheque or postal order for £593.00 made payable to HM Courts & Tribunal Service.
• If you want to pay by credit or debit card please tick the box on page 19 of your form D8. Then 10 days after you have submitted your form D8 you can call the payment line 0300 303 0642 between 8am and 6pm Monday to Friday or between 8am and 2pm on Saturday and pay by this method over the phone.  You can also write your email down on page 19 of your form D8 and the court will email you details how to pay by credit or debit card.
• If you are on certain benefits or on a low income you can apply to the court to have your £593.00 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 D8 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 into the box on page 19 of your form D8. Please note if you are making a joint application with your ex-partner for a divorce using only one form D8 and you both want help with paying the fee, you both must apply individually for help using form EX160. If your ex-partner is not eligible to apply, is refused or does not apply then neither of you are eligible and one of you will have to pay the full fee. 

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

IF YOU ARE SUBMITTING YOUR FORM D8 ONLINE THEN – 

 You will be given 2 options –  

• Option 1 – You can pay online by debit or credit card. Payment will be taken once you have checked your answers and submitted your form.
• Option 2 – You will be asked if you have a ‘help with fees’ reference number starting with HWF. If you do you will be asked to type it into the box. To pay in this way you must apply for a ‘help with fees’ reference number first. You can do this by using form EX160. As explained above you can apply online or by post. Please click on the link above for form EX160. Please note if you are making a joint application with your ex-partner for a divorce using only 1 form D8 and you both want help with paying the fee, you both must apply individually for help using form EX160. If your ex-partner is not eligible to apply or does not apply you will have to pay the fee. 

HOW TO COMPLETE FORM D8 AND WHERE TO SEND IT.

You and your ex-partner have 2 choices when submitting form D8 to start divorce proceedings –

• MAKE A JOINT APPLICATION – You both can make a joint application together using the same form D8. 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 D8 on your own (sole application), then you are known as the applicant or petitioner. Your ex-partner will be known as the respondent.

If you need help, you can call the government telephone line 0300 303 0642, Monday to Friday – 8am to 6pm, and Saturday – 8am to 2pm. Their email address is divorcecase@justice.gov.uk.

SENDING IN YOUR FORM D8 BY POST – 

• NOTE 1 – You can complete form D8 online and then print a hard copy. Alternatively you can download it, print it and then complete it by black pen. 
• NOTE  2- If you find there is not enough space to complete your answers on your form D8 then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 3 – Please send at least 3-4 copies of form D8 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 D8 and any attachments for yourself outside of the ones you send to the family court.
• Form D8 is 20 pages long.
• Section 1 will ask you what type of application are you making (divorce or dissolution), whether you are making a sole or  joint application and what documents you will be attaching to your form D8 to support your application. The document you need to attach is your original marriage certificate, or a certified copy. If the certificate is not in English, you must also include a translation certified by a notary public or authenticated by a statement of truth by the person who translated the document. A notary public is a lawyer who can check and certify that a legal document is correct. If you DO NOT have your marriage certificate, please contact the registry office where you were married for an original copy or click on the link below to order one. There is a fee payable. If you got married abroad and DO NOT have your marriage certificate then you can contact the foreign embassy in the UK to discuss how to get one. Please click on the link below. If you cannot get hold of your marriage certificate or you would like to send it in at later date, you will need to complete form D11 and send it along with your form D8. There is a fee to submit form D11.

LINK TO FIND A NOTARY PUBLIC

LINK TO GOVERNMENT WEBSITE FOR GETTING HOLD OF YOUR UK MARRIAGE CERTIFICATE

LINK TO GOVERNMENT WEBSITE TO CONTACT FOREIGN EMBASSIES IN THE UK TO ASK HOW TO GET A FOREIGN MARRIAGE CERTIFICATE 

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

• Section 2.1 and 2.3 will ask you about your personal details – full name, address and contact numbers. 
• If you want to keep your contact details confidential from your ex-partner, please TICK BOX 2.2. 
• Section 2.4 will ask you if you have a solicitor and if you do you will be asked to complete sections 2.5, 2.6, 2.7 and 2.8
• If you are applying as a sole applicant then you must write your ex-partners/respondents personal details in section 3. If you both are making a joint application then your ex-partner/applicant 2 must complete section 3. Section 3 will ask details about your ex-partners full name, address, email address for service, and details of their solicitor if they have one acting for them. The court will serve your form D8 to your ex-partner by email and a notice of proceedings by post unless you state otherwise in section 3.5.
• Section 4 will ask you details about your marriage. 
• Section 5 will ask you why you think the court has the legal power to deal with your form D8 application. Please read the definitions of ‘habitual residence’ and ‘domicile’ in section 5.1 then tick the relevant boxes on page 13.  
• Section 6 will ask you to tick the box and confirm the statement that your marriage has broken down irretrievably. If this is a joint application your ex-partner/applicant 2 will need to tick the second box.
• Section 7 will ask you (and your ex-partner/applicant 2 if this is a joint application) to give details about any existing or previous court cases with regards to your marriage. Give details whether the cases were concluded in the UK or abroad. 
• To understand the meaning of the financial terms and orders stated in section 8 of form D8, please refer to our L.I.P Help Guide for ‘Financial Terms And Financial Court Orders Explained’

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

• Section 8 will ask you if you want to apply for a financial court order(s) to split your marital assets, finances and pensions. You can apply for yourself and/or your children. If this is a joint application then applicant 2 will have to tick the box if they want to apply for a financial court order(s). If you do not know whether you will be applying for a financial order, please tick the box just in case you want to in the future. This will serve you well if you re-marry before applying for a financial settlement and then decide you want to apply for one otherwise you will not be able to.
  • If you and your ex-partner have already agreed between yourselves or through mediation how your marital assets, finances and pensions will be split then you will need to write the details down in a draft consent order to send to the court. The court will formalise/approve this draft consent order into a legally binding consent order. You can do this when you submit your form A – the form used to start court proceedings for the division of your marital assets, finances and pensions. 
  • If you and your ex-partner cannot agree how to spilt your marital assets, finances and pensions then you can submit form A and let the court decide for you. 

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

• Section 9 will summarise what you and your ex-partner (if joint application) are applying for. 
• Section 10.1 will ask you – applicant 1 – to sign a statement of truth.
• Section 10.2 will ask your ex-partner – applicant 2 – to sign a statement of truth if this is a joint application.
• Please remember to attach a copy of your original or certified marriage certificate and a certified translation if required. Please also make sure you have sorted out the payment for sending in this form.
• The address to send your completed form D8 is listed on page 20. 
• Please make sure you post your form D8 and any attachments by signed for recorded delivery so you have proof in case they get lost.