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I AM L.I.P

I am a Litigant In Person

The Process Of Responding To The Court If Your Ex-Partner Has Started Divorce Proceedings By Submitting A
Sole Divorce Application Form D8

 

STEP 1 – REMEMBER YOU ARE NOW LEGALLY KNOWN AS THE RESPONDENT

If your ex-partner has started divorce proceedings by submitting a sole divorce application form D8, the family court will send you paperwork. You will now be known as the respondent. Your ex-partner will be known as the applicant.

STEP 2 – DONT LET THE PAPERWORK YOU RECEIVE IN THE POST OR ONLINE OVERWHELM YOU – LET’S EXPLAIN IT TO YOU

The paperwork you receive from the court contains the following documents – 

Notice of divorce proceedings form (formerly known as the D9H form) – The notice of divorce proceedings form is a sheet of paper that informs you that your ex-partner has made a sole application to start divorce proceedings. This form will also have your court case/unique reference number on it and the date your divorce proceedings were issued. It will also explain what you need to do next and by which date.

Form D8 – You will receive a court stamped copy of your ex-partners divorce application form D8;

Form D10 – This is the acknowledgement of service form for you to complete and return to the court. This is your reply form.

How you receive the above documents, whether by by email or post, will depend upon which of these methods your ex-partner used to submit their divorce application form D8.

How you return your completed form D10 to the court will also depend upon how your ex-partner submitted their divorce application form D8 or if you have/or intend to hire a solicitor. 

  • If your ex-partner submitted the divorce application form D8 online – Your notice of proceedings form D9H will have an online access code. You need to return your completed form D10 online. You will need to create an account, and reply. This must be done within 14 days. Once you have submitted your form D10, your ex-partner will be sent a link so they can view your form D10. 
  • If you have a solicitor – They will return your completed form D10 for you by post within the required 14 days. 
  • If your ex-partner submitted the divorce application form D8 by post – Your notice of proceedings form D9H will NOT have an online access code. In this case you must return your completed form D10 by post. Again within 14 days. Once the court has received and processed your form D10, they will send your ex-partner a court stamped copy.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D8

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

When completing form D10 you will be asked if you intend to ask the court to delay the divorce or dissolution until the court is satisfied with your financial position because you are the respondent. If you tick the ‘yes’ box then you will need to complete form B and send it to the court. The court will need to read your form B first before any final order is granted. Form B is called the notice of an application to consider the financial position of the respondent after the divorce.

 
 

STEP 3 – DECIDE YOUR REPLY AND RETURN YOUR FORM D10 WITHIN THE REQUIRED 14 DAYS 

You must return your form D10 to the court within 14 days. However, if you end up taking one or two more days, that is ok as long as it is just a few days. Now you must decide if you want the divorce to go ahead or not?

UNDEFENDED DIVORCE – If you agree that the divorce should go ahead then your divorce is called an undefended divorce. In this case your ex-partner who applied for the divorce in the first place (the applicant) can go ahead and apply for a conditional order after 20 weeks. A conditional order is a legal document issued by the family court stating you are entitled to a divorce. 

DEFENDED OR DISPUTED DIVORCE – If you DO NOT agree that the divorce should go ahead then your divorce is a defended or disputed divorce. After you have returned your form D10 to the court within 14 days, you will need to complete an answer form D8B  and return it to the court within 21 days from the last date you should have returned your form D10 (14 days from when you receive the application). You MUST have a legal reason to disagree with the divorce such as your marriage is invalid, the divorce has already taken place or the court doesn’t have jurisdiction to handle the divorce. To return your answer form D8B to the court will cost you £245.00. There will now be a court hearing which you and your ex-partner will both attend and come to an agreement. If you do not send your answer form D8B to the court your ex-partner (the applicant) can continue and apply for a conditional order after 20 weeks. 

This website has a Help Guide for form D8B. Once you have read this page, you can click on the link below to access form D8B where it will go into detail how to complete it. The topics covered are  – 

  • What is form D8B used for?
  • Are there any government or our own L.I.P Help Guides or write ups to help you complete form D8B?
  • What is the fee to send form D8B to the court and how to pay for it?
  • How to complete form D8B and where to send it.
  • Where can you find form D8B/download this form?
  • When was form D8B first published and last updated? 

LINK TO OUR L.I.P HELP GUIDE FOR ANSWER FORM D8B