The Process of Starting Divorce Proceedings By Submitting
Your Divorce Application Form D8
What The Court Will Do Once They Receive Your Application
What You and Your Ex-Partner Will Do Now You Have Heard Back From The Court
To start the process of divorce is simple. Please follow the steps below –
Please note that the application form to start divorce proceedings is called form D8.
Please also note that the words ‘ex-partner’ or ‘ex-spouse’ in this website refers to your husband, wife or civil partner once you have made the decision to apply for a divorce.
THE PROCESS OF STARTING DIVORCE PROCEEDINGS BY SUBMITTING YOUR DIVORCE APPLICATION FORM D8
STEP 1 – BEFORE YOU AND/OR YOUR EX-PARTNER SEND IN YOUR DIVORCE APPLICATION FORM D8 TO THE FAMILY COURT PLEASE MAKE SURE YOU BOTH ARE ELIGIBLE TO APPLY FOR A DIVORCE.
The eligibility criteria are –
- You both must have been married for at least a year.
- Your marriage has broken down irretrievably.
- Your marriage must be legally recognised in the UK – this includes same sex marriage.
- Either you and/or your ex-partner must live (be habitually resident) in England or Wales OR if you live abroad, your permanent home must be (you are domiciled) in England or Wales.
- Habitually resident in the UK means – This is where yours and/or your ex-partners life is based, you work and your children go to school in the UK. You are settled and your main family life is in the UK.
- Domiciled means – This is where your permanent home is where you live or intend to come back to.
Please note – There are instances where a religious marriage is not legally recognised in the UK. If you are in this situation please click on the link below where you will be given more information.
STEP 2 – REMEMBER EVERY FORM YOU WILL NEED THROUGHOUT YOUR DIVORCE IS AVAILABLE FOR FREE.
The UK government provides all forms and leaflets involved in every part of your divorce process on its website for FREE. A link will be provided to these forms whenever you read about them on our L.I.P website.
STEP 3 – REMEMBER YOU ARE NOT ALONE – THERE IS HELP AVAILABLE FOR YOU TO COMPLETE YOUR DIVORCE APPLICATION FORM D8 AND ANY OTHER ASSOCIATED FORMS TO START DIVORCE PROCEEDINGS.
- The government has written a guide called ‘separating or divorcing – what you need to do’.
LINK TO GOVERNMENT GUIDE ‘SEPARATING OR DIVORCING – WHAT YOU NEED TO DO’.
- This website contains a Help Guide for form D8. Once you have read this page, you can click on the link below to access form D8 where it will go into detail how to complete it.
LINK TO OUR L.I.P HELP GUIDE FOR FORM D8
- If you need help with how to complete form D8 online you can contact the courts and tribunals service centre. Telephone – 0300 303 0642 8am – 6pm Monday, Wednesday and Friday. 8am – 8pm Tuesday and Thursday. 8am – 2pm Saturday. Email address is contactdivorce@justice.gov.uk.
STEP 4 – COMPLETE YOUR DIVORCE APPLICATION FORM D8 TO START DIVORCE PROCEEDINGS
As mentioned above, the first step in the process of starting your divorce is to complete a form called D8. This form is known as the divorce petition or divorce application form. You can apply online or post a hardcopy.
You and your ex-partner have 2 choices when it comes to completing form D8-
- MAKE A JOINT APPLICATION – You and your ex-partner 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. Both you and your ex-partner have to decide between yourselves who will be applicant 1 and who will be applicant 2. You can make a joint application if you and your ex-partner both agree to a divorce going ahead and there is no risk of domestic abuse for either party.
- MAKE A SOLE APPLICATION/APPLY ON YOUR OWN – If you are completing and sending form D8 on your own, then you are known as the applicant or petitioner. Your ex-partner will be known as the respondent. You can make a sole application if your ex-partner does not agree to a divorce, you think your ex-partner will not co-operate with divorce proceedings or you are at risk of domestic violence.
As stated above this website has a Help Guide for form D8. Once you have read this page, you can click on the link below to access form D8 where it will go into detail how to complete it, what additional forms you may need to submit and where to send these forms. The topics covered are –
- What is form D8 used for?
- Are there any government or our own L.I.P help guides or write ups to help you complete form D8?
- What is the fee to send form D8 to the court and how to pay for it?
- How to complete form D8 and where to send it.
- Where can you find form D8/download this form?
- When was form D8 first published and last updated?
LINK TO OUR L.I.P HELP GUIDE FOR FORM D8
STEP 5 – SORT OUT PAYMENT FOR SUBMITTING YOUR DIVORCE APPL ICATION FORM D8
There is a fee to send form D8 to the family court. For details how to pay please go to our Help Guide for form D8 and read the section ‘What is the fee to send form D8 to the court and how to pay it?’. Please click on the link below to access form D8.
LINK TO OUR L.I.P HELP GUIDE FOR FORM D8
STEP 6 – REMEMBER HOW YOU AND YOUR EX-PARTNER WILL BE LEGALLY KNOWN FROM NOW ON IN COURT PROCEEDINGS
If you and your ex-partner are applying together using the same form D8 (joint application), then you will be known as applicant 1 and your ex-partner will be known as applicant 2.
If you are completing and sending in form D8 on your own (sole application), then you are known as the petitioner or applicant. Your ex-partner will be known as the respondent.
WHAT DOES THE COURT DO AFTER THEY RECEIVE YOUR DIVORCE APPLICATION FORM D8?
JOINT APPLICATION – If you and your ex-partner sent in a joint divorce application form D8 then the family court will send you (applicant 1) and your ex-partner (applicant 2) the following –
- A court case number.
- Notice of divorce proceedings/notice that the divorce application has been issued form D9H.
- A court stamped copy of the divorce application form D8.
- A receipt of payment.
SOLE APPLICATION – If you sent in a sole divorce application form D8 then the family court will send the following –
You (the applicant) –
- A court case number.
- Notice of divorce proceedings/notice that the application has been issued form D9H.
- A court stamped copy of the divorce application form D8.
- A receipt of payment
Your ex-partner (the respondent) –
- A court case number.
- Notice of divorce proceedings/notice that the application has been issued form D9H
- A court stamped copy of the divorce application form D8.
- An acknowledgement of service form called form D10
LINK TO OUR L.I.P HELP GUIDE FOR FORM D10
Please note – How you and your ex-partner receive the above documents, whether by email or post, will depend upon which of these methods was used to submit the divorce application form D8.
WHAT DO YOU AND YOUR EX-PARTNER DO NOW YOU HAVE HEARD BACK FROM THE COURT?
JOINT APPLICATION – If you and your ex-partner have sent in a joint divorce application form then the next step is AFTER 20 weeks you both can send an application form to the court for a conditional order. This order is issued by the family court saying that the court believes you are entitled to a divorce. If at any stage you and your ex-partner stop co-operating, then either one of you can continue with the divorce and make an application for a conditional order without the other. Your divorce application will turn from a joint application to a sole application and the person applying for the conditional order will now become and be known as the applicant and the other person will become and be known as the respondent. Please click on the link below to learn more about your conditional order and access the form you will need to make the application.
LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A CONDITIONAL ORDER
Please note the earliest point in the divorce process you can change from being a joint applicant to a sole applicant is 20 weeks after you submitted your divorce application form and the court issued your notice of divorce proceedings.
SOLE APPLICATION – If you sent in a sole divorce application form then the next step is
You (the applicant) – If you sent in a sole divorce application form then after 20 weeks you can send an application form to the court to apply for a conditional order.
Your ex-partner (the respondent) – Your ex-partner will have to return the acknowledgement of service form D10 to the court within 14 days informing the court whether they agree with the divorce or do they disagree with the divorce and they intend to dispute it. Please click on the link below to read more about this and access the forms needed.