D8 Application For A Divorce, Dissolution Or To Apply For .

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Application for a divorce,dissolution or (judicial)separationYou can also apply for a divorce online atwww.gov.uk/apply-for-divorceYou can only make an application for divorce ordissolution if you have been in your marriage or civilpartnership for at least one year. This does not applyto (judicial) separation applications.The information you give will be used as evidence bythe court to decide if you are entitled to legally endyour marriage or civil partnership or to get a (judicial)separation order from your partner. A copy of this formwill be sent to your spouse/civil partner by the court.If there are exceptional reasons why your applicationshould be dealt with urgently then please set thosereasons out in a covering letter.To be completed by the courtName of courtCase No.Date receivedby the courtDate issuedTime issuedThere is a court fee for making this application- see notes on page 15Help with Fees – H W F –Ref no. (if applicable)If you have to pay a fee indicate how you will paychequedebit/credit card – The court will call youbetween 9am – 4pm Monday to Friday, usingthe contact details you provide later in theform to collect payment.Section 1Your application(known as a petition in divorce and judicial separation)1.1 What application do you wish to make?Divorce on the ground that the marriage has broken down irretrievablyDissolution on the ground that the civil partnership has broken downirretrievably(Judicial) separation1.2 What documents are you supplying to support your application?In cases of urgent applications it may be possible for you to make anapplication to allow you to deliver the original or a certified copy of themarriage/civil partnership certificate to the court at a later date.Your marriage or civil partnership certificate or a certified copy ofthe certificate from where you got married or entered into a civilpartnership (a photocopy will not be accepted).A translation that has been certified by a notary public or authenticatedby a statement of truth by the person who did the translation. Thisshould be provided if your marriage or civil partnership certificate (ora similar document issued under the law in the country you registeredyour marriage or civil partnership) is not in English.D8 Application for a divorce, dissolution or to apply for a (judicial) separation order (01.21)–At times in this form youwill be referred to as thePetitioner or Applicant, andyour spouse/civil partnerwill be referred to as theRespondent. These are thetechnical terms used in law.There is a separate fee formaking an application toissue without your marriagecertificate: see www.gov.uk/court-fees-what-they-areFor marriages/civilpartnerships in Englandand Wales you can ordera copy of the certificateat www.gro.gov.uk/gro/content/certificates. Youwill need to pay for eachcopy.If you entered into areligious marriage as wellas a civil marriage, thesedivorce proceedings maynot dissolve the religiouspart of your marriage. It isimportant that you contactthe relevant religiousauthority and seek furtherguidance if you are unsure. Crown copyright 2021

Section 2About you (the applicant/petitioner)2.1 Your current nameFirst name(s)Last nameIs this either your married name or the name shown on your marriage orcivil partnership certificate?YesNo, please attach your change of name deed/statutory declaration orif this is not applicable, explain why your name has changed2.2 ConfidentialityCan your contact details be shared with your spouse/civil partner?YesNo, please complete the separate C8 form with your details in orderto do this.2.3 What is your home address?If you want to keep your contact details confidential, do not completethis question. Please complete form C8.Building and streetSecond line of addressTown or cityCounty (optional)PostcodeThis can be different to theone on your marriage orcivil partnership certificate.This can be your last name,your spouse/civil partner'slast name or a doublebarrelled last name thatcombines the two.If you have changed yourname , other than throughyour marriage, since yougot married you mustattach a copy of yourchange of name deed orotherwise explain whyyour name has changed.If you do not wish todisclose your contact detailsto your spouse/civil partneryou should leave thosedetails blank and completeForm C8 Confidentialcontact details.You should give a homeaddress in the UK, if youhave one. If you have asolicitor acting for you, thecourt will send all papersto their address. If you donot have a solicitor, thecourt will send papers toyour home address, or youcan provide a businessaddress in the UK in thenext section. If you wantto supply an addressoutside of the UK, differentrules may apply aboutdocuments being sent toyou. You may wish to seeklegal advice.Remember a copy of thisform will be sent to yourspouse/civil partner. If youdo not want them to knowyour current contact detailsyou should not enter themhere or provide any detailsin the form which may givethem information on howto contact you.Page 2

Phone no. (if you have one)Email (if you have one)2.4 Do you have a solicitor acting for you?Yes, please give their details belowNo, go to question 2.9If you have a solicitoracting for you, the courtwill send all papers to theiraddress.2.5 Your solicitor's name (if applicable)2.6 Your solicitor's reference number2.7 Name of solicitor's firm2.8 Solicitor's addressBuilding and streetSecond line of addressTown or cityCounty (optional)PostcodeDX address (if applicable)If you want your courtissued papers sent to abusiness address ratherthan your home then thataddress should also bein the UK. If you want tosupply an address outside ofthe UK, different rules mayapply about documentsbeing sent to you. You maywish to seek legal advice.Page 3

Phone no.Email2.9 If you do not have a solicitor acting for you, do you want the courtissued papers sent to your home address?Yes, go to Section 3No, please send them to my business address belowBuilding and streetSecond line of addressTown or cityCounty (optional)PostcodePage 4

Section 3About your spouse/civil partner (the respondent)3.1 Your spouse/civil partner's current nameFirst name(s)Last nameIs this their married name or the name shown on your marriage or civilpartnership certificate?YesNo, if known, please explain why their name has changed3.2 Their home addressBuilding and streetSecond line of addressTown or cityCounty (optional)PostcodePhone no. (if known)Email (if known)Unless a different addressis provided at section 3.7court papers will be sent tothe address at section 3.2.If your spouse/ civil partnerhas a solicitor acting forthem you should completetheir details at sections 3.3to 3.7 and the court paperswill be sent to their solicitor.If they do not have asolicitor but have provideda different address to theirhome address to send thepapers, then please providethe details in sections 3.3to 3.7.If your spouse/ civil partnerhas not given you such anaddress, then the courtpapers will be sent to theirlast known or usual addressprovided in this section.If you know that they nolonger live at that address,you will need to take allreasonable steps to obtaina current address. Detailson how you might do thatcan be found here:www.gov.uk/divorcemissing-husband-wifeIf any of the addresses youprovide are outside of theUK then different rulesabout sending papers tothem apply. You may wishto seek further legal advice.Page 5

3.3 Has your spouse/civil partner provided a different address for thecourt documents to be sent to?Yes, please use the address belowNo, go to section 43.4 Their solicitor's name (if applicable and if known)3.5 Their solicitor's reference number (if applicable and if known)3.6 Name of their solicitor's firm (if applicable and if known)3.7 Their solicitor's or other address they have providedBuilding and streetThe court will senddocuments to this address.Second line of addressTown or cityCounty (optional)PostcodeDX address (if applicable)Page 6

Section 4Details of marriage/civil partnershipYou should attach your marriage or civil partnership certificate to thisapplication, together with a certified translation in English if necessary(the court will usually keep your documents and not return them). If you do nothave the original certificate and cannot get a copy of it, you will have to make aseparate application, alongside this application, to issue this form without it.4.1 Did your marriage take place outside of the UK?YesNoIf you are applyingwithout your marriage/civil partnership certificateyou will need to make aseparate application onForm D11 (Applicationnotice) and payanother court fee. It isrecommended that youseek legal advice if you areunsure of how to do this.4.2 Are you making a separate application to issue without yourmarriage or civil partnership certificate?YesNoIf you answered 'Yes', to either question 4.1 or 4.2 above, please give theplace where the marriage/civil partnership was formed, as it appears onyour marriage/civil partnership certificate (if any)4.3 Date of marriage or civil partnershipDAYMONTHYEARYou can only apply for adivorce/dissolution if youhave been in your marriageor civil partnership for atleast one year.4.4 Your full first name(s) and last name(s) – as shown on your certificateYour spouse/civil partner's full first name(s) and last name(s) –as shown on your certificate4.5 Are the details set out in your marriage or civil partnership certificatecorrect?YesNo, please explain whyPage 7

Section 5Why this court can deal with your case(Jurisdiction)The court needs to understand why you think it has the legal power(jurisdiction) to deal with your application.Please complete section 5.1 or if that section does not apply to you thencomplete section The court has legal power to deal with this application because oneof the following applies:Divorce – Opposite Sex Couple – Section 5(2) of the Domicile andMatrimonial Proceedings Act 1973Divorce – Same Sex Couple – Marriage (Same Sex Couples)(Jurisdiction and Recognition of Judgments) Regulations 2014 andSchedule A1 to the Domicile and Matrimonial Proceedings Act 1973Civil Partnerships – the Civil Partnership (Jurisdiction andRecognition of Judgments) Regulations 2005 and Section 221 ofthe Civil Partnership Act 2004Please tick the reasons that apply:both parties to the marriage/civil partners are habitually residentin England and Wales;both parties to the marriage/civil partners were last habituallyresident in England and Wales and one of them continues toreside there;the respondent is habitually resident in England and Wales;the applicant is habitually resident in England and Wales andhas resided there for at least one year immediately before theapplication was made;the applicant is domiciled and habitually resident in England andWales and has resided there for at least six months immediatelybefore the application was made;both parties to the marriage/civil partners are domiciled inEngland and Wales; ortheapplicant or therespondentis domiciled in England and Wales.OR (see section 5.2 over the page)Habitual ResidenceYour habitual residenceis the place in which yourlife is mainly based. Youmust be settled there andintend to stay settled there.Some of the followingmay apply: you workthere, own property, haveyour children in schoolthere, and your main familylife takes place there.DomicileYour domicile is the mainpermanent home in whichyou live, or to which youintend to return. Whenyou were born you willhave acquired yourparents' domicile (eitheryour father's if they weremarried, or your mother'sif they weren’t married orif your father died beforeyou were born). If you havesince moved to anothercountry and made thatyour permanent home thenyour domicile may havemoved there.If you were born inEngland or Wales, livedyour entire life here, andintend to stay here, then itis very likely that you’ll beboth habitually residentand domiciled here. Youshould get legal adviceif you are not sure whichreason(s) apply.If you need help decidingwhich reasons apply toyou then you shouldconsider seeking legaladvice, particularly if youlive outside England andWales.Page 8

5.2 If the options in section 5.1 do not apply to you, please consider ifbelow is applicable:the Applicant and Respondent registered as civil partners ofeach other in England or Wales or, in the case of a same sexcouple, married each other under the law of England andWales and it would be in the interests of justice for the courtto assume jurisdiction in this case.Page 9

Section 6Give the reason for your divorce or dissolution(the facts)6.1If your application is for divorce or dissolution, you must choose one ormore of the following reasons to support the fact that your marriageor civil partnership has broken down irretrievably (it can’t be saved).If your application is for (judicial) separation you must choose one ormore of the following reasons to support your application.You will need to provide information (evidence) to support thereason(s) given.AdulteryThe Respondent has committed adultery and the Petitioner finds itintolerable to live with the Respondent.BehaviourThe Respondent has behaved in such a way that the Petitioner/Applicant cannot reasonably be expected to live with the Respondent.DesertionThe Respondent has deserted the Petitioner/Applicant for acontinuous period of at least two years immediately preceding thepresentation of this petition/application.Separated for 2 years and consentThe parties to the marriage/civil partnership have lived apart for acontinuous period of at least two years immediately preceding thepresentation of the petition/application and the Respondent consentsto a decree/order being granted.Separated for 5 yearsThe parties to the marriage/civil partnership have lived apart for acontinuous period of at least five years immediately preceding thepresentation of the petition or application.Adultery is only availablein relation to marriages andif the adultery was betweenyour spouse and a memberof the opposite sex. Youcannot use adultery if,once you become awareof it, you lived together asa couple for a period, orcombination of periods,exceeding 6 months.Behaviour cannot be usedif you lived together asa couple for a period, orperiods, totalling more than6 months after the date oflast incident you want torely on as evidence.For 2 and 5 years'separation please makesure that you have beenseparated the right amountof time in order to makeyour application.What if we lived togetherafter we separated?Living in the sameresidence while separatedYou can still live in the sameresidence while separated,as long as you are not livingtogether as a couple, forexample, you do not eat,sleep or cook together.Living together as acouple after separatingIf you have lived togetheras a couple afterseparating, you cannotuse the 2 years' separationwith consent, 5 years'separation and desertionfacts if it was for more than6 months, during or afterthe separation period.This 6 month timescalecan have been either ina single period or overseveral periods.Page 10

Section 7Supporting information (Statement of case)7.1If you are using 2 years' separation and consent or 5 years' separation,on what date did you reach the conclusion that your marriage or civilpartnership was at an end?ANDOn what date did you stop living together as a couple?(both dates must be at least 2 or 5 years ago, plus any periods you livedtogether as couple in that time if less than 6 months, before the date youmake this application)ANDHas there been any period or periods during this time that you havelived together as a couple again?Yes, and the details and dates for those periods are as follows(if necessary, continue on a separate sheet)No, we have not been a couple again - go to section 97.2If using adultery, behaviour or desertion you must give brief details tosupport the reasons for your application.(please refer to the notes on this page for guidance)If you are relying on adultery/behaviour or desertion youmust complete question 7.2AdulteryPlease give the date whenyou first become aware ofthe adultery and, if known,dates and places where theadultery happened.It is not normally necessary toname the person your spousecommitted adultery with; youshould only consider doingso if the petition is likely to bedisputed.If you include them youmust provide their addressin section 8 and the courtwill send them a copy ofyour petition to give them achance to respond.Your petition could bedelayed if they do notrespond and it could costyou more money.BehaviourYou should include examplesof your spouse's/civilpartner's behaviour whichaffected you the most, andthe most recent incidents.You can describe how theyhave behaved over a periodof time or use particularincidents. Include dates ifrelevant. Provide enoughdetail to satisfy the court thatyou cannot reasonably beexpected to live with them.Please remember that theywill be sent a copy of thisapplication.DesertionYou should include the datewhen your spouse/civilpartner left (deserted you)without your consent anddescribe why and how thiscame about. You should alsoconfirm that you have livedseparately since the date ofdesertion.(if necessary, continue on a separate sheet)Page 11

Section 8Adultery cases only – details of the person yourpartner committed adultery with (co-respondent)People do not generally name the person their spouse committed adulterywith. However, if you have named them in section 7 then you must give theirdetails below so a copy of this petition can be sent to them. If you did not namethem, you do not need to fill in these details.8.1 Name of the person your spouse committed adultery with(co-respondent)First name(s)Last nameIf the other person isnamed, then they willusually become a party tothe court case and be sentcopies of the petition.Your petition could bedelayed if they do notrespond and it could costyou more money to resolvethat issue.8.2 The address to send court papers to themBuilding and streetSecond line of addressTown or cityCounty (optional)PostcodePage 12

Section 9Existing court cases9.1 Are there any existing or previous court proceedings relating to yourmarriage/civil partnership, property or children?Yes, please give details belowNoCase number(s)Summary of the on-going or previous court proceedingsPage 13

Section 10Dividing your money and property –Orders which are soughtIf you disagree with your spouse or civil partner about how your property,money, pensions and other assets will be split, then you can ask the court todecide for you. Types of financial order include: an order for maintenancepending suit/outcome periodical payments order secured provision order property adjustment order Pension sharing/compensation sharing/attachment order lump sum orderThese decisions are called 'financial orders'. You can apply for orders for yourself,and/or, if appropriate, for your children.If you agree with your spouse or civil partner on how your money and propertywill be split, and want it to be legally binding, you can apply for a financial orderto be made by consent.10.1 Do you want to apply for a financial order?Yes, I want to apply for a financial order for (select all that apply)myselfmy childrenNoIf you answer 'Yes' toquestion 10.1 the court willtake no action at this stage.To formally start financialproceedings, you willalso need to complete aseparate application formand pay another court fee.You can find more guidanceon financial orders andhow to get help agreeingon any issues at plyfor-a-financial-orderIf you answer 'No' toquestion 10.1 you can stillapply for a financial orderin the future, but onlyuntil you remarry or formanother civil partnership.This restriction does notapply to pension sharingor pension compensationsharing orders.If you are unsure what todo here it is recommendedyou seek legal advice.The court will not startprocessing your requestfor a financial order unti

Application for a divorce, dissolution or (judicial) separation. You can also apply for a divorce online at. . reasons out in a covering letter. There is a court fee for making this application - see notes on page 15 . 3.7 Their solicitor's or other address they have provided. The court will send . Building and street.

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