How to file for divorce – Form D8

If you are seeking a divorce in England or Wales, you will need to apply to your local divorce centre.

First, search for your nearest centre using the government’s Court and Tribunal Finder.

Your next step is to download Form D8 (you can request Form D8 in another format if necessary) and complete it.

To file for divorce, you must send to the divorce centre:

• 3 copies of your completed Form D8
• An original or certified copy of your marriage/civil partnership certificate
• The court fee of £593

If you have a low income and are on benefits, then you may be eligible for help with court fees.

What is a judicial separation?

You may notice that Form D8 also lets you apply for a ‘judicial separation’.

This is where the court enforces that spouses/civil partners must live apart and have separate assets while legally remaining married.

Judicial separations are rare and are usually only requested for religious reasons or if the couple has been married for less than a year.

About Form D8

The information you provide on Form D8 will be used by the court to decide if you can legally end your marriage or civil partnership. Your spouse/civil partner will also receive a copy.

The form is composed of 10 sections. Many of these ask for straightforward information such as details about yourself and your spouse, details of any solicitor who is acting for you, and information about the marriage or civil partnership.

These sections should, in most cases, be easy to fill in.

However, a number of sections of Form D8 may be more challenging to understand and complete.

Below are a few tips that should help.

Tips for completing Form D8

Here are some helpful guidelines for filling in particular sections of your divorce petition.

Section 5 – Jurisdiction

Your divorce centre must have legal power (‘jurisdiction’) to deal with your case. Whether or not it has this power may depend on where you and/or your partner live.

For example, if you live only in England or Wales, then a court based in England or Wales will have the necessary jurisdiction.

However, if either or both of you live in another country some or all of the time, it may be that another court has jurisdiction instead. The questions in section 5 aim to establish this information.

If you’re unsure how to answer any part of this section, ask your solicitor.

Section 8 – Dividing your money and property

Not every divorce involves a dispute about finances.

It is often possible and much cheaper to decide privately with your spouse or civil partner how to divide your shared assets.

However, it may not be possible to reach an agreement, in which case you can ask the court to decide for you.

To do this, you must use this section to apply for a financial order. You can request a financial order that covers yourself, your children, or both – just tick all that apply.

If you don’t want a financial order, tick ‘No’. You can change your mind later unless you remarry in the meantime.

Section 10 – Statement of Truth

The Statement of Truth must be completed by you (or your solicitor) to confirm that all the details are true.

Once you’re satisfied that the form is complete, just send it with the relevant documents to your local divorce centre.

If you found this article useful, you might also find our article on no fault divorce informative, too!