Forms Used For Divorce in England and Wales

To help find your way through the maze of forms that you will be confronted with I have prepared the summary below to give a summary of what each form is about. Where I have example forms these are available for further information.

 


D8

 

 


This form is the divorce petition. A copy of form D8 notes is available to help you complete the form. You will need three copies of form D8. One copy of these forms is for you to keep, one copy is for the court, and one copy is for the court to send to your husband or wife. If you are divorcing your husband or wife because of their adultery with someone you are naming in your petition, you will also need a copy of the petition for that person. A copy of the form D8 notes to help you fill in your petition. If you think you may not have to pay a fee you will need form Ex160 (application for a fee exemption or remission). You must fill in one of these forms for each fee to be paid. Divorce county courts have all these forms. They will give them to you free

 


D8A

 


This form is the statement of arrangements for the children. If you have children you will need three copies of form D8A One copy of these forms is for you to keep, one copy is for the court, and one copy is for the court to send to your husband or wife.

 


D9A

 


This is the notice of non-service of petition, for example where the address you gave for the respondent (or co-respondent) is wrong, or they have moved, the Post Office will return the petition and other forms to the court. The court will tell you if this happens. They will send you form D9A . If you want to carry on with your divorce you must find out the correct address (or addresses) and write and let the court know. The court will post the petition and other forms to the new address.

 


D9H

 

 


This is a form that will be sent to you by the courts. It is the notice of issue of the petition. You will be sent a form D9H (notice of issue of petition) It will tell you when the petition was sent to the respondent. It will be a receipt for your fee (if you have paid one) and will tell you your divorce case number. It also tells you what to do if the respondent (or any co-respondent) does not reply to your petition.

 


D10

 


This form is the acknowledgment of service. The court will post a copy of your petition with a form D10. The respondent returns the D10 so the courts will know when it has been received.

 


D14

 


This is a supplemental petition form. It may be used where the judge has previously decided that there was insufficient evidence for a divorce in the original petition, or where you wish to provide particulars which occurred after the date of submission of the original petition.

example

 


D29

 


The court will send you and the respondent (and any named co-respondent) form D29 (decree nisi). There is a different version of the decree nisi for each of the five grounds for divorce. You will see that the form D29 tells you that this is not the final decree. It also tells you when you can apply for your final decree, your "decree absolute".

 


D36

 


This is the form to apply for notice of application for decree nisi to be made absolute. You can get form D36 from the court office. Fill it in and take or send it to the court office.

 


D37

 


If everything is in order the court will send you and the respondent a form D37 (decree absolute). This is the final decree and you are now free to remarry if you so wish.

 


D66

 


This form is notice that the decree should not be made absolute. In exceptional circumstances the judge can decide you cannot obtain your final decree ("decree absolute") until satisfactory arrangements are made for the children. In that case you will be sent a copy of form this form - the D66 . In other cases the Judge can decide any of the following:

  • That he needs further information about the children. You will be told what extra information you have to provide.
  • That an appointment should be fixed for you and the respondent to come and see the Judge about the children. The appointment will be held in the Judge's room (called "chambers"). Normally only you, the respondent and the Judge will be there.
  • That a court welfare officer should prepare a report about the children. The welfare officer will contact you and the respondent and make an appointment to see you both. He or she will want to talk to the children as well. When the report is ready it will be sent to the court office. The court will tell you how you can get a copy
  • That it would be better for the children if the arrangements you are proposing, or some other matter about them, should be in a court order. If this happens you will need to apply formally to the court. You should ask a solicitor to help you.

 


D79

 


This form is notification that the Judge does not consider that the petitioner is entitled to the decree sought, for example where a petition has been raised for unreasonable behaviour and the judge does not consider that the facts amount to unreasonable behaviour by the respondent.

example

 


D84A

 


Form D84A is the form which tells you when your decree nisi will be pronounced.

 


D84B

 


This form is the notice of satisfaction with the arrangements for the children. The court will send you form D84B and this will tell you that the court does not need to exercise its powers under the Children Act 1989". Form D84B will be sent to you and the respondent with a copy of form D84A

 


D84C

 


Form D84C will tell you what will happen next and what you need to do because the Judge decided that he is not satisfied with the arrangement proposed for the children?

 


D89

 


This form is the request for bailiff service. It is issued when 8 days have passed since the petition was sent, and the respondent has not replied. You should get two copies of form D89 from the court. Fill in the forms D89 and return them to the court. Send them with a photograph or written description of the respondent (and any co-respondent) and a fee for each person being served. The court staff will tell you how much it is. The county court bailiff will be asked to deliver the petition and other documents to the respondent (or co-respondent) personally.

 


Ex160

 


This is a form for an application for a fee exemption or remission and is to be completed if you think you may not have to pay the fees. You will not have to pay if you are receiving:

  • Income Support
  • Family Credit
  • advice from a solicitor under the Legal Advice and Assistance Scheme (the "Green Form" scheme).
  • If you receive another state benefit or can show that paying the fee would cause undue hardship because of the exceptional circumstances of your case, you may not have to pay a fee. The Court Manager will decide on this