How to Fill In a Divorce Application Form D8: A Step-by-Step Guide

For many people, paperwork is the most daunting part of ending a marriage. You may be sitting with Form D8 open on your screen, unsure where to begin, knowing that filling it in is a significant step towards change. This guide is here to make the process as straightforward as possible, so you can get it right the first time and move forward without unnecessary delays. 

This guide applies to married couples and those in civil partnerships. If you have been living together as a cohabiting couple, the law is different and Form D8 does not apply to your separation. 

Please note: This guide provides general information and does not constitute legal advice. If your circumstances are complex, we recommend speaking with a solicitor before submitting your application. 

What Is Form D8? 

Form D8 is the form used to formally start divorce proceedings in England and Wales. It is the application that tells the court you wish to end your marriage or civil partnership.  

The legal basis for divorce in England and Wales is set out in the Divorce, Dissolution and Separation Act 2020, which introduced the no-fault divorce. This means you no longer need to prove adultery or unreasonable behaviour. You simply confirm that the marriage has irretrievably broken down. 

Expert insight: How the 2020 Act changed things in practice

This change has proven to make the divorce process simple and more amicable, as it means that neither spouse needs to apportion blame to the other. This is particularly helpful in cases where the separation is by mutual agreement, as previously parties would need to wait 2 years before they could divorce if they were in agreement.

What the Form Covers (and What It Does Not) 

It is a common misunderstanding that Form D8 covers all matters following separation. This is not the case. In fact, the form only begins the legal process of a divorce. Separate forms and processes exist for: 

• Arrangements for children (where they live, what contact they have with each parent); and 

• Division of finances and assets, including pension sharing and property transfers. 

Important: There is a Financial Remedy section on the form. By ticking this box, it keeps your options open for obtaining a court-approved Consent Order later, or initiating court proceedings.

Expert insight: Consequences of not ticking the Financial Remedy box

If you fail to tick the financial remedy box on the divorce application, this does not mean that the claims that you or your former spouse have against each other will be dismissed. These claims will still remain open unless an order is made by the court dismissing them, either by consent or as part of financial proceedings. 

Step-by-Step: How to Fill In Form D8 

 Step 1: Choose your application method 

Most applicants now use the HMCTS online portal. It is designed to be user-friendly; it allows you to save your application as a draft, and it reduces the risk of basic errors. If a joint application is being made, both parties will need to review the draft application before submission, with Applicant 1 taking the lead in preparing the application.

If you prefer, you can still use the paper Form D8, which must be posted to the HMCTS Divorce and Dissolution Service. 

 Step 2: Decide whether to apply alone or jointly 

Under no-fault divorce law, you can apply as a sole applicant or jointly with your spouse. In a joint application, parties are referred to as Applicant 1 and Applicant 2. Applicant 1 starts the process; Applicant 2 then reviews the details, makes any necessary changes, and signs the statement of truth. 

If your relationship with your spouse is not amicable, a sole application is often the preferred approach. It allows you to move at your own pace without needing your spouse to engage with the process online. 

Expert insight: Joint applications with an uncooperative spouse

It is worth noting that if you start a joint application and your spouse later stops cooperating, the law allows you to convert it to a sole application.

I have seen many clients worry they are “trapped” in a joint process, but the law does allow parties to change their mind, should they need to do so. 

Step 3: Gather your marriage certificate 

You cannot submit Form D8 without your marriage certificate. You will need to upload a clear, complete copy when applying online, or include a certified copy with a paper application. 

If you were married abroad, or your marriage certificate is not in English, you will also need a certified English translation of your certificate. Make sure the translation is produced by a qualified professional. 

If you have lost your UK marriage certificate, you can order a replacement from the General Register Office before you apply. 

Expert insight: Different spellings on marriage certificates

The marriage certificate is where most people hit their first hurdle. I often see applications rejected because the name on the divorce form is spelt differently than the name on the marriage certificate. Even if your name was spelt wrong on your wedding day, the divorce form must match that original document exactly.

Step 4: Complete the applicant and respondent details 

You will need to provide full names, addresses, and dates of birth for yourself and your spouse.

If you are concerned about your safety and do not wish your new address to be disclosed to your spouse, you can ask for your address to remain confidential as by ticking the relevant box in the divorce application.

Step 5: Confirm jurisdiction 

The form will ask about “jurisdiction.” This is a legal term for whether the courts in England and Wales have the authority to deal with your case. For most people who live and work in England and Wales, this is a straightforward question.

However, jurisdiction is not always based solely on how long you have lived in England or Wales. It can also depend on where your spouse lives, or where you consider your permanent home to be. If you or your spouse has a connection to another country, or you have homes in more than one country, you should seek legal advice before answering this section.

Expert insight: Where best to start proceedings

Domicile is your permanent legal home. It is based on where you ultimately consider your home to be, even if you are living elsewhere.

Habitual residence generally means the country where you normally live and where the centre of your everyday life is based. It is assessed by considering your actual circumstances, rather than applying a fixed period of residence or relying solely on where you intend to live.

It is very important to ensure you start proceedings in the correct country, to ensure that any order being made can be enforced. If proceedings are brought in the wrong country, it can mean that parties experience delays and unnecessary legal costs.

Step 6: Sign the statement of irretrievable breakdown 

This is your legal declaration that the marriage has broken down permanently. Under the no-fault system introduced by the Divorce, Dissolution and Separation Act 2020, you do not need to provide evidence, cite specific events, or blame your spouse. You simply confirm the marriage is over and sign a statement of truth. 

Step 7: Tick the Financial Remedy box 

Even if you believe your finances are already informally agreed, we strongly recommend ticking this box. It preserves your right to apply for a formal financial order, whether this be through a Consent Order being submitted to the court, or via financial proceedings. Without an Order approved by the court, there is no legally binding financial settlement, and either party could make a financial claim in the future. 

Step 8: Pay the court fee and submit 

The court fee for issuing a divorce application is £628, as of July 2026. This figure does change, so it is worth checking the current HMCTS fee schedule before you pay. 

The fee can be paid in full by one party or shared by agreement, which is common if a joint application is being made. If you are on a low income, you may be eligible for a reduction or exemption through the Help with Fees scheme. Legal aid for the divorce process itself is very limited, but it remains available in cases involving domestic abuse. 

What Happens After You Submit Form D8 As A Sole Applicant?

Once the court issues your application, your spouse will receive a copy. From that point, there are several stages to complete before the divorce is finalised.

1. The respondent has 14 days to complete and return an Acknowledgement of Service, confirming they have received the papers and understand the divorce is proceeding. Under the “no-fault” law, there are limited grounds to contest a divorce.  
2. A mandatory 20-week reflection/cooling-off period begins from the date the application is issued. This time is intended for both parties to consider whether they wish to continue with the divorce and explore reconciliation. Should that not be an option, it allows parties to focus on reaching a financial settlement.  
3. After 20 weeks, you can apply for the Conditional Order. This is the court’s confirmation that you are entitled to divorce. A hearing date (which need not be attended) is set to pronounce this order.  
4. Once the Conditional Order has been pronounced, you will need to wait a further six weeks and one day until you can apply for the Final Order. This is the legal document that formally ends the marriage. 

In most straightforward cases, the process from submission to Final Order takes between seven and nine months. Delays can occur if a spouse is slow to respond, if there are complications with the paperwork, or if parties are trying to reach a financial settlement.  

Expert insight: Failing to return the Acknowledgement of Service

The respondent will need to have acknowledged the application in order to apply for a Conditional Order. If no response has been received, it may be necessary to instruct a process server to formally serve the documents on the respondent. If the process server is successful, they will provide a statement which can be shown to the court to confirm service.

If the applicant does not know the whereabouts of the respondent, an application for deemed service can be made. In order for this application to be successful, you will need to show the court that thorough efforts have been made to locate the individual. This will include making full enquiries with relatives, friends, neighbours, former employers, and any other individuals or organisations who may have information regarding the individual’s whereabouts.

When Should You Seek Legal Advice? 

Completing Form D8 is something many people manage independently where a divorce is genuinely amicable, finances and arrangements for any children are already agreed, and the paperwork does not feel overwhelming. However, it is worth speaking to a solicitor if any of the following apply: 

• You or your spouse has assets, property, or pensions that need to be formally divided

• There is any history of domestic abuse or coercive control

• You are unsure about jurisdiction, particularly if you or your spouse has connections to another country 

• Your spouse is refusing to engage with the process 

• You want reassurance that everything has been done correctly 

• You need a Consent Order to make any financial agreement legally binding 

Even in straightforward divorces, we always recommend obtaining a Financial Order approved by the court to protect your financial future. The order will formally record the financial settlement and prevent either party from making further claims at a later date.

Speak to Fullers Family Law 

We help people across England and Wales navigate divorce with clarity and confidence. Whether you need support with Form D8, a Consent Order to protect your finances, or full representation, our experienced family law team is here to help. 

We offer a fixed-fee divorce service for straightforward cases, and a confidential initial consultation to discuss your options. 

Call us on 08083 048 352 or email enquiries@fullersfamilylaw.com to get started.