There are 4 basic steps of divorce paperwork. 

These 4 steps are explained in detail when you click on the boxes at the bottom of this page. 

The application form to start divorce proceedings is called form D8. Form D8 will be discussed in Box 1 step 1a.

BOX 1

STEP 1

1a – THE PROCESS OF STARTING DIVORCE PROCEEDINGS BY SUBMITTING FORM D8 – This section will go into detail about your eligibility for divorce in the UK and you will also be given links where to download your divorce application form D8, how to complete it, where to send it, and what additional paperwork the family court requires you to include.  

1b – WHAT DOES THE COURT DO AFTER THEY RECEIVE AND PROCESS YOUR FORM D8 – This section will explain what paperwork the family court will send you and your ex-partner once they receive and process your divorce application form D8. 

1c – WHAT DO YOU AND YOUR EX-PARTNER DO NOW THAT YOU HAVE HEARD BACK FROM THE COURT – This section will explain yours and your ex-partners next step. This will depend upon whether a joint or sole application for divorce was made and whether or not your ex-partner agrees or disagrees with the divorce. If you and your ex-partner have submitted a joint divorce application form D8 then you both can skip step 2 and go straight to step 3.

1d – FORMS YOU MAY NEED FOR STEP 1a ABOVE – This section will give you access to the forms you may need. You will be taken to the pages where you can download them and get more information about how to complete them.

BOX 2

STEP 2

2a – THE PROCESS OF RESPONDING TO THE COURT IF YOUR EX-PARTNER HAS SUBMITTED A SOLE DIVORCE APPLICATION FORM D8 – This section will explain in detail what you need to do to respond to the family court if your ex-partner has started divorce proceedings by submitting a sole divorce application form D8.

2b – FORMS YOU MAY NEED FOR STEP 2a ABOVE – This section will give you access to the forms you may need. You will be taken to the pages where you can download them and get more information about how to complete them.

2c – 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 – This section will explain what to do if your ex-partner does not respond to the court or you don’t know where they are so the court cannot send (serve) them copies of your divorce paperwork.

2d – FORMS YOU MAY NEED FOR STEP 2c ABOVE – This section will give you access to the forms you may need. You will be taken to the pages where you can download them and get more information about how to complete them.

BOX 3

STEP 3

3a – THE PROCESS OF APPLYING FOR A CONDITIONAL ORDER – This section will show you the process of applying for a conditional order. A conditional order is a legal document issued by the family court stating that 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 divorce proceedings. Please note, just for reference, a conditional order was previously called a decree nisi before 06-04-2022.

3b – FORMS YOU MAY NEED FOR STEP 3a ABOVE – This section will give you access to the forms you may need. You will be taken to the pages where you can download them and get more information about how to complete them.

BOX 4 

STEP 4

4a – THE PROCESS OF APPLYING FOR A FINAL ORDER – The final step. This section will show you the process of applying for a final order. A final order is a legal document issued by the family court stating your marriage has ended. Please note, just for reference, a final order was previously called a decree absolute before 06-04-2022. 

4b – FORMS YOU MAY NEED FOR STEP 4a ABOVE – This section will give you access to the forms you may need. You will be taken to the pages where you can download them and get more information about how to complete them.

BOX 5  – FOR ALL DIVORCES WHERE THE NOTICE OF DIVORCE PROCEEDINGS WAS ISSUED BEFORE 06-04-2022

The divorce application form D8 and some of the above steps changed on 06-04-2022. The 2 major differences between the old and new versions of form D8 are – 

• Now you and your ex-partner can make a joint divorce application using the same form D8 whereas previously before 06-04-2022 you both could not.
• Now as long as you believe your marriage has irretrievably broken down you can apply for a divorce. This is called a non-fault divorce. Previously before 06-04-2022 you had to provide a reason/you needed grounds for divorce. The old version of form D8 gave you 5 reasons/grounds and you had to choose one of them – they were 1) adultery 2) unreasonable behaviour s) desertion 4) 2 years separation 5) 5 years separation.

Therefore, right now in the UK divorce world there are some divorces that have been applied for using the old form D8 and some that have been applied for using the new form D8. 

If you used the old form D8 and your notice of proceedings was issued before 06-04-2022 then you will NOT apply for a conditional order but will be applying for a decree nisi instead. You also will NOT be applying for a final order but will be applying for a decree absolute instead.

Below in box 5 the process of applying for a decree nisi and decree absolute will be explained.

IMPORTANT NOTES TO REMEMBER 

1) The above 4 steps of divorce paperwork can be completed by yourself with the help of this website, or you can use an online divorce company to help you for a few hundred pounds, or hire solicitors which will be very expensive. Please read Help Guide 2.

LINK TO OUR L.I.P HELP GUIDE 2 – DIRECT YOUR DIVORCE

2) Once you or your ex-partner have completed the divorce paperwork for steps 1 and 2 above you should start the process of sorting out your child arrangements if there are any children within the marriage (if you haven’t already done so) and the division of all the marital assets, finances and pensions. You can do this between yourselves, with help from mediation or through the courts. Please read Help Guides 4 & 5. 

LINK TO OUR L.I.P HELP GUIDE 4 – CHILD ARRANGEMENTS

LINK TO OUR L.I.P HELP GUIDE 5 – DIVIDING MARITAL ASSETS, FINANCES AND PENSIONS

• CHILD ARRANGEMENTS – you can start the court process of child arrangements at any time before, during or after a divorce.
• FINANCIAL ARRANGEMENTS/SETTLEMEMNT – you can start the court process of sorting out the division of your marital assets, finances and pensions once you have sent in your divorce application form D8 and the family court have processed it and issued a notice of divorce proceedings. However, the court can only legalise/approve any draft financial agreements (also called a draft financial consent order) that have been reached between you and your ex-partner once the court has issued a conditional order. This court approved agreement will come onto force once the court have issued a final order. 

3) Our advice is that the division of your marital assets, finances and pensions should be finalised with court orders in place before you proceed with step 4 and apply for a final order – although this is not set in stone.