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Starting a divorce

To start a divorce, you or your adviser will need to fill in a ‘divorce petition’ – called a form D8.

You’ll need to fill in the form, which must include:

• your full name and address
• your husband or wife’s full name and address
• the names and dates of birth of any children you have (no matter how old they are)
• your marriage certificate

You can’t use a photocopy of your marriage certificate – it must be the original document or a copy from the register office. You can find out how to get copies of marriage certificates by following the link below.

You’ll have to show on the form the reasons why you want a divorce. These are known as supporting ‘facts’ to show ‘grounds for divorce’. You can read more about these by following the link ‘Understand grounds for divorce’ below.

You may want a divorce because your husband or wife has had sex with someone of the opposite sex (‘adultery’).

If this is the case, you can name the person they have been unfaithful with on the forms if you want to. They will get copies of the paperwork if you do choose to include their name.

• Understanding grounds for divorce

• Order birth, marriage and death certificates

• Divorce petition - Form D8 Opens new window

What to do if you have children

If you have children who are under 16 (or under 18 and at school, college or training for a trade, profession or vocation), you’ll also need to fill in a form D8A. This is called a ‘statement of arrangements for children’.

You must fill in this form with:

• your children’s names, addresses, dates of birth, health, education and training needs
• childcare arrangements and whether they will change if you divorce
• details of maintenance arrangements you have made or intend to make
• details of contact (or ‘access’) arrangements with your children you have made or intend to make
• any existing arrangements about the children you have made with social services, probation officers or court orders

If possible you should agree the arrangements for children with your husband or wife before you file the petition.

• Looking after children if you divorce or separate (parents section)

• Statement of arrangements for children – Form D8A Opens new window

Costs to file a divorce petition

You’ll need to pay a fee to start a divorce.

The fee is currently £340. But if you’re on specific benefits or have a low income, you may be able to get a discount.

• Leaflet EX160A: Court Fees - Do you have to pay them? Opens new window

Sending your form to the court

You’ll need to fill in three copies of the divorce petition (form D8).

If you’ve got children, you’ll also have to fill in three copies of the statement of arrangements for children (form D8A).

You or your adviser must send the forms to a court that will deal with the divorce. Remember that not every court deals with divorce.

• Divorce courts in England and Wales Opens new window

What happens when the court gets your forms?

When the court gets your divorce petition, it will send a copy to your husband or wife.

They will also get a ‘notice of proceedings’ (form D8) and ‘acknowledgement of service’ (form D10). They have eight days to fill in the D10 form and return it.

If you’re divorcing because of adultery and named the other person on your forms, they will get paperwork from the court. The court will send them a copy the divorce petition and form D10.

The court will also send you a ‘notice of issue of petition’ (form D9H), telling you when the forms were sent to your husband or wife.

Your husband or wife can agree the divorce or they can argue against (‘defend’) it. They will show this when they fill in their form D10.

If your husband or wife doesn’t want to defend the divorce

If your husband or wife shows on their form D10 that they’re not defending the divorce, you can move to the next stage. This is asking the court to issue a ‘decree nisi’. This is a document that says the court doesn’t see a reason why you can’t divorce. To find out how to request one, see ’Getting a decree nisi’.

• Getting a decree nisi

If your husband or wife wants to defend the divorce

Your husband or wife might want to defend the divorce for a number of reasons. These could include not agreeing that the marriage has irretrievably broken down. Or they may not agree with any allegations you have made against them. They can do this on their petition, known as an ‘answer’.

If they wish to issue their own divorce against you, they can do this by completing their own petition known as a ‘cross petition’.

If you’re divorcing due to adultery and named the other person they can also defend the divorce.

If your husband or wife wants to defend the divorce, it’s a very good idea to get professional advice if you haven’t already.

Defending a divorce can be very difficult. It can:

• take a lot of time
• be very upsetting
• lead to large legal bills

• Solicitors, mediation and legal advice to end a relationship

• Find a legal adviser Opens new window