What is Form D8?
What is Form D8?
Form D8 is the official application form used to start the legal process of ending a marriage or civil partnership in England and Wales. Whether you are seeking a divorce or the dissolution of a civil partnership, Form D8 is the document you must complete and submit to the court to begin proceedings. This form marks the first formal step in asking the court to legally end your relationship.
The Role of Form D8 in Divorce and Dissolution
Submitting Form D8 is required if you want the court to consider your request for a divorce or civil partnership dissolution. Once filed, the court will review your application and begin the legal process that can ultimately lead to the end of your marriage or partnership. It’s important to note that you cannot simply separate or agree to end your relationship without involving the court if you want a legal divorce or dissolution.
For more detailed guidance and to access the official form, visit Form D8 on GOV.UK.
What Information Does Form D8 Collect?
Form D8 asks for a range of information to help the court understand your circumstances and ensure your application is processed correctly. You will need to provide:
- Personal details: Full names, addresses, and dates of birth for both parties.
- Marriage or civil partnership details: The date and place of your marriage or civil partnership, and a copy of your marriage or civil partnership certificate.
- Reason for divorce or dissolution: Under the current law (following the Divorce, Dissolution and Separation Act 2020), you do not need to prove fault or give detailed reasons – simply a statement that the marriage or partnership has irretrievably broken down is sufficient.
- Other relevant information: Details about any children, existing court orders, or other ongoing proceedings.
If you are unfamiliar with legal paperwork, you may find it helpful to read more about court forms and how they fit into the legal process.
Who Can Use Form D8?
You can use Form D8 if you are legally married or in a civil partnership and wish to end that relationship in England or Wales. There are specific eligibility criteria you must meet, such as being married or in a civil partnership for at least one year and having a permanent connection (domicile or habitual residence) to England or Wales. The process is open to all couples, regardless of gender.
Before you complete Form D8, it’s wise to review the pre-divorce steps to ensure you are fully prepared and understand what’s involved.
Practical Advice
- Check your details: Make sure all information is accurate and matches your official documents.
- Gather supporting documents: You will usually need your original marriage or civil partnership certificate.
- Understand the process: Filing Form D8 is just the beginning. The court will notify your spouse or civil partner, and there are further steps before the divorce or dissolution is finalised.
For further information on how to apply and what happens next, visit Apply for a divorce or to dissolve a civil partnership: Form D8 – GOV.UK.
By understanding the purpose and requirements of Form D8, you can take the first step towards resolving your legal relationship with confidence.
How to Complete Form D8
Completing Form D8 is an important first step in applying for a divorce or dissolving a civil partnership in England and Wales. Here’s a clear, step-by-step guide to help you fill out the form accurately and avoid common pitfalls.
Step 1: Gather the Required Information
Before you start, make sure you have the following details to hand:
- Your full name, address, and contact information
- Your spouse or civil partner’s full name and address
- Details of your marriage or civil partnership, including the date and place it was registered (you’ll need your original marriage or civil partnership certificate)
- The grounds for divorce or dissolution (for most cases, this is “irretrievable breakdown”)
If you’re ending a civil partnership, you may wish to refer to the Civil Partnership Act 2004 for further legal context.
Step 2: Download and Review the Official Form
You can access the latest version of Form D8 online. This official resource includes detailed guidance notes to help you understand each section of the form.
Step 3: Fill In Your Personal Details
Start by entering your personal information and your spouse or civil partner’s details exactly as they appear on your marriage or civil partnership certificate. Double-check spellings and dates to avoid delays.
Step 4: Provide Marriage or Civil Partnership Details
- Enter the date and place of your marriage or civil partnership.
- Attach a certified copy of your marriage or civil partnership certificate if required.
- State whether you have any children together, as this may affect related proceedings.
Step 5: State the Grounds for Divorce or Dissolution
For divorce, you’ll need to confirm that the marriage has broken down irretrievably. You no longer need to give specific reasons or evidence of fault. For civil partnerships, the process is similar – simply confirm the relationship has irretrievably broken down.
Step 6: Indicate Financial and Child Arrangements
You can use Form D8 to request the court to make decisions about finances or child arrangements. If you anticipate disputes about money or property, you may also need to use Form N1 – Claim Form to start a related civil claim.
Step 7: Review and Sign
Carefully check all sections for accuracy. Mistakes – such as incorrect names, dates, or missing information – are common reasons for delays. Sign and date the declaration at the end of the form.
Step 8: Submit the Completed Form
You can submit Form D8 in two ways:
- Online: The online divorce service is often the quickest and simplest option. Follow the instructions on Apply for a divorce or to dissolve a civil partnership: Form D8 – GOV.UK.
- By post: Send the completed form, your marriage or civil partnership certificate, and the correct fee to the nearest divorce centre or family court.
Step 9: Pay the Court Fee (or Apply for Help With Fees)
The standard court fee for submitting Form D8 is currently £593 (subject to change). If you are on a low income or receive certain benefits, you may be eligible for a fee exemption or reduction – details are provided in the official guidance notes.
Tips to Avoid Common Mistakes
- Always use the most up-to-date version of Form D8 from the official site.
- Double-check all personal and marriage/civil partnership details.
- Make sure all required documents are included.
- If you’re unsure about any section, consult the guidance notes linked on the official Form D8 page.
What Happens Next?
After you submit Form D8, the court will process your application and send copies to your spouse or civil partner. It’s a good idea to familiarise yourself with related procedures, such as Forms N225 and N227, which deal with default judgments in case of non-response, and Form N244 – Application Notice if you need to make further requests to the court during your case.
By following these steps and using the official resources, you can ensure your Form D8 is completed and submitted correctly, helping your divorce or dissolution proceedings start smoothly.
Grounds for Divorce or Dissolution on Form D8
When completing Form D8 to start a divorce or end a civil partnership in England and Wales, you must state the legal reason – known as the “grounds” – for your application. Understanding these grounds is essential, as your choice will guide the rest of your application and the evidence you may need to provide.
What Are the Grounds for Divorce or Dissolution?
The law requires you to show that your marriage or civil partnership has broken down irretrievably. This is the sole legal basis for divorce or dissolution. However, the court needs to see evidence of this breakdown, which you demonstrate by relying on one or more of five specific “facts.” These facts are set out in Matrimonial Causes Act 1973, Section 1 for marriages and Civil Partnership Act 2004, Section 44 for civil partnerships.
The Five Facts You Can Use
You will need to select one or more of the following facts on your Form D8:
- Adultery (marriage only): Your spouse has committed adultery and you find it intolerable to live with them.
- Unreasonable behaviour: Your spouse or civil partner has behaved in such a way that you cannot reasonably be expected to live with them. This is the most commonly used ground.
- Desertion: Your spouse or civil partner has deserted you for at least two years.
- Two years’ separation with consent: You have lived apart for at least two years and both agree to the divorce or dissolution.
- Five years’ separation: You have lived apart for at least five years. In this case, your spouse or civil partner does not need to agree.
For civil partnerships, adultery is not a ground, but the other four facts apply. You can find the full legal wording in Civil Partnership Act 2004, Section 44.
How to Choose the Right Ground
When filling in Form D8, select the fact that best matches your situation. If you are unsure, consider:
- Adultery is only an option if you are married, not in a civil partnership.
- Unreasonable behaviour is suitable if your partner’s actions have made it impossible for you to continue living together. This can include a wide range of behaviour, such as abuse, neglect, or persistent refusal to contribute to household expenses.
- Desertion is rarely used, as it can be difficult to prove.
- Separation requires you to have lived apart for the relevant period. If your partner agrees, you can use two years’ separation; if not, you must wait for five years.
For more on the legal basis for divorce, see irretrievable breakdown.
What Evidence or Statements Are Needed?
To support your chosen ground, you will need to provide a brief statement or evidence as part of your application:
- For adultery, you should state that adultery has occurred and that you find it intolerable to continue living together. You do not have to name the other person involved.
- For unreasonable behaviour, give examples of your partner’s behaviour and explain why it makes living together unreasonable.
- For desertion, you will need to show when your partner left and that they intended to end the relationship.
- For separation, you must show the dates you started living apart. If using two years’ separation, your partner must also consent in writing.
The court will consider your statements and, if satisfied, will grant permission to proceed.
If you need further guidance on how to apply or what to include in your application, visit Get a divorce: How to apply – GOV.UK.
Choosing the correct ground and providing clear, honest information on your Form D8 will help ensure your application is processed smoothly. For more detail on the legal framework, you may wish to review the Matrimonial Causes Act 1973, Section 1 or the Civil Partnership Act 2004, Section 44.
What Happens After You Submit Form D8
After you submit Form D8 to start a divorce or end a civil partnership in England and Wales, the court begins a formal process to manage your application. Here’s what you can expect at each stage:
Court Issues and Serves the Application
Once your Form D8 is received, the court checks that all the information is correct and the fee has been paid. If everything is in order, the court officially issues your divorce or dissolution application. This means your case has started.
The court will then serve (send) the application to your spouse or civil partner (known as the respondent). They will receive a copy of your application, along with instructions on how to respond. In most cases, this is done by post, but if there are difficulties, the court may arrange alternative methods of service.
How the Other Party Can Respond
After being served with the application, your spouse or civil partner has a set amount of time (usually 14 days) to reply. They have several options:
- Agree to the Divorce or Dissolution: If they do not contest the application, the process can move forward more smoothly. They may be asked to complete a response form to confirm they have received the documents and agree with the application.
- Defend the Application: If your spouse or civil partner disagrees with the divorce or dissolution, they can file a defence or counterclaim. To understand this process in detail, see Forms N9B and N9D – Defence and Counterclaim.
- Not Responding: If the respondent does not reply within the given time, you may be able to continue with the process without their input. The court will provide guidance on the next steps.
For more information on how to respond to court applications, including admissions, visit Forms N9A and N9C – Admission Forms.
Timeline and Key Stages After Filing Form D8
The divorce or dissolution process typically follows these main stages:
- Application Submission: You submit Form D8 to the court.
- Application Issued and Served: The court issues your application and sends it to your spouse or civil partner.
- Acknowledgement of Service: The respondent has 14 days to reply, either agreeing or contesting the application.
- Conditional Order (previously known as Decree Nisi): If there is no defence, or once any disputes are resolved, you can apply for a conditional order. This is a court document confirming that you are entitled to a divorce or dissolution.
- Final Order (previously known as Decree Absolute): After a waiting period (usually six weeks and one day from the conditional order), you can apply for the final order, which legally ends your marriage or civil partnership.
The overall process can take several months, depending on whether the application is contested and how quickly both parties respond. Delays can happen if paperwork is incomplete or if there are disagreements that need to be resolved by the court.
For a step-by-step overview of what happens during and after the Form D8 process, see our guide to the divorce and separation process.
Legal Rules and Guidance
The procedures for divorce and dissolution are governed by the Family Procedure Rules 2010. These rules set out the steps both parties must follow and the court’s powers in family law cases.
For practical guidance on ending your marriage or civil partnership, including the role of the Crown Court in family law, you can also refer to Citizens Advice.
If you have further questions about what happens after submitting Form D8 or need to know how to respond to court documents, exploring the linked resources above can help you understand your rights and responsibilities at each stage.
Child Arrangements and Form D8
Child Arrangements and Form D8
When applying for a divorce or to end a civil partnership, making suitable arrangements for any children involved is one of the most important responsibilities for both parents. The welfare of children is a central consideration in family law, and the courts expect parents to prioritise their needs throughout the process.
Addressing Child Arrangements in Your Application
Form D8, the official document used to start a divorce or dissolution in England and Wales, includes specific sections about children. You’ll be asked to provide details about all children of the family, including biological, adopted, or stepchildren, and whether they are under 18 or still dependent. This information helps the court understand your family circumstances and ensures that children’s welfare is considered from the outset. For full details on what’s required, see the official Form D8 guidance.
Options for Managing Living Arrangements and Contact
During and after a divorce, parents need to decide where the children will live and how they will spend time with each parent. These are commonly known as child arrangements, and can cover:
- Which parent the children will live with (residence)
- How much time they will spend with the other parent (contact)
- How decisions about schooling, health, and other important issues will be made
Where possible, it’s best for parents to agree on these arrangements themselves. If you can reach an agreement, you can record it as a parenting plan, which the court will generally respect as long as it serves the children’s best interests.
If you’re unable to agree, you may need to apply for a court order. The main types of orders under the Children Act 1989 are:
- Child Arrangements Order: Decides where the child lives, spends time, or otherwise has contact.
- Prohibited Steps Order: Prevents a parent from taking certain actions, such as moving a child abroad.
- Specific Issue Order: Resolves a particular question, like which school the child should attend.
The court’s primary concern will always be the child’s welfare, as set out in the Children Act 1989.
What If You Need More Time or Support?
Sometimes, especially in complicated cases involving children, you may need additional time to prepare your response or gather information. In such situations, you may be able to use Form N9 – Ask for More Time to File a Defence, which can be helpful if you need to respond to court documents relating to child arrangements.
Getting Further Guidance
If you need more support with child arrangements or want to understand the role of the courts in family law, the Crown Court can become involved in more complex cases. For a step-by-step overview of the divorce process and how it relates to children, you can also refer to the practical advice provided by Citizens Advice.
For a detailed explanation of your options and what the law expects, see our full guide on child arrangements.
When completing your Form D8, take care to provide accurate and thorough information about your children and any current or proposed arrangements. This will help ensure that the legal process runs smoothly and that your children’s needs remain at the heart of any decisions made.
Financial Matters After Filing Form D8
After you have filed Form D8 to begin your divorce or dissolution, it’s important to consider how your finances will be handled. Ending a marriage or civil partnership doesn’t automatically settle financial matters, such as dividing property, savings, pensions, or deciding on maintenance payments. These issues are dealt with separately through the court, and understanding your options early can help you protect your interests.
How Financial Issues Are Handled
Once the divorce process is underway, you and your former partner need to decide how to split your assets and manage ongoing financial responsibilities. Some couples are able to reach an agreement on their own or through mediation. However, if you can’t agree, you may need the court to make decisions for you by applying for what’s known as a financial order.
What Are Financial Orders?
Financial orders are legally binding decisions made by the court about how assets and finances should be divided after a divorce or dissolution. These can cover a range of issues, including:
- Division of property (such as the family home)
- Splitting savings, investments, and pensions
- Child maintenance and spousal maintenance payments
- Payment of debts
To learn more about the different types of orders available and how they might affect your situation, see our guide on divorce financial orders.
The legal basis for these orders in England and Wales is set out in the Matrimonial Causes Act 1973, which gives the court wide powers to ensure a fair outcome.
Applying for Financial Orders
You can apply for financial orders at any point after filing Form D8, but it’s often best to start the process as soon as possible. This can help prevent delays and provide clarity about your financial future. To begin, you will usually need to complete and submit Form A (Notice of intention to proceed with an application for a financial order). This form notifies the court and your former partner that you wish to ask the court to make decisions about your finances.
If there are disputes over property – such as who should remain in the family home – you may also need to consider Form N5 – Claim for Possession of Property as part of your proceedings.
Why Early Action Matters
Sorting out financial arrangements early in the divorce process can save time, reduce stress, and help avoid unexpected outcomes. Even if you and your ex-partner are on good terms, it’s wise to formalise any agreements through the court to ensure they are legally binding and enforceable. This is especially important if you have shared assets, children, or complex financial circumstances.
Before making any decisions, consider seeking independent legal or financial advice to understand your rights and obligations fully. Being well-informed from the start will help you make choices that best protect your future.
Managing the Court Process During Divorce
After submitting your Form D8 to start divorce or dissolution proceedings, the court process begins. Managing this process involves understanding key steps, using the right forms for requests or changes, and staying organised as your case progresses.
Handling Ongoing Court Proceedings
Once your application is accepted, the court will send you and your spouse (or civil partner) official documents outlining the next steps. These may include timelines for responses, requirements for financial disclosure, or details about any hearings. It’s important to read all correspondence from the court carefully and respond promptly to avoid delays.
If you need to make additional requests – such as asking for a hearing, changing court orders, or clarifying points in your case – you may need to submit further court forms. The court process is designed to be fair and transparent, but it does require you to keep track of deadlines and paperwork.
Using Additional Court Forms
During your divorce, situations may arise where you want to ask the court to make a decision or change an existing order. The most common forms used for these purposes include:
- Form N244 – Application Notice: This form is used to make a formal request to the court. For example, you might use it to ask for an interim order, request a change to the timetable, or seek clarification about a previous decision. For official guidance and to download the form, see Form N244.
- Form N245 – Application for Suspension or Variation: If you need to apply for a suspension or variation of a court order – such as changing the amount you pay under a financial order or asking for enforcement action to be paused – this is the correct form to use.
Each form has its own instructions, and it’s important to fill them out accurately. Make sure you explain clearly what you are asking the court to do and provide any evidence or documentation that supports your request.
When to Use Form N244 or N245
- Use Form N244 – Application Notice if you need the court to consider a new application during your divorce, such as changing arrangements for children, amending deadlines, or seeking an urgent hearing.
- Use Form N245 – Application for Suspension or Variation if you want to change the terms of an existing financial order or temporarily stop enforcement action.
For more information about these forms and their official use, refer to the Make an application to a court (application notice): Form N244 – GOV.UK page.
Tips for Staying Informed and Organised
- Keep copies of everything: File all court documents, letters, and emails in one place for easy reference.
- Track deadlines: Mark important dates on a calendar, such as when responses are due or when hearings are scheduled.
- Stay in contact: Notify the court promptly if your address or contact details change, so you don’t miss important updates.
- Ask for clarification: If you are unsure about any part of the process or what a form requires, seek advice from a legal professional or review the official guidance provided with each form.
Throughout your divorce, the court expects you to follow procedures and respond to requests in a timely manner. By staying organised and making use of the correct forms, you can help ensure your case progresses smoothly.
For the official forms and further instructions on how to manage your divorce application, visit the Apply for a divorce or to dissolve a civil partnership: Form D8 – GOV.UK page.
