Form D8: UK no-fault divorce application explained

The Divorce, Dissolution and Separation Act 2020 changed how divorce works in England and Wales. Under the new no-fault regime (live since April 2022), you no longer need to blame your spouse for the marriage breakdown. This page walks you through Form D8, the official application form, and what happens after you submit it.

The short version

Form D8 is your application to divorce in England and Wales. You fill it online via the gov.uk portal, pay £593, and declare that your marriage has irretrievably broken down. You do not need to prove fault. After 20 weeks, you can ask for a Conditional Order. Six weeks and one day after that, you get your Final Order and the divorce is absolute. Your spouse does not have to agree.

At a glance

What Form D8 is

Form D8 is the official court application to end your marriage in England and Wales. It replaced the old Petition under the Family Court (Matrimonial Proceedings) Rules 2021.

The new law (Divorce, Dissolution and Separation Act 2020) moved away from fault-based grounds. You no longer claim adultery, unreasonable behaviour, desertion, or separation. Instead, you simply state: "The marriage has broken down irretrievably."

The form itself is short. It asks for:

• Your name and address
• Your spouse's name and address
• Marriage date and place
• A brief statement that the marriage has broken down irretrievably
• Confirmation that you want the court to make your marriage end
• Your solicitor's details (if you have one)

You submit it online via the gov.uk divorce portal. Paper forms still exist but are rare.

Sole vs joint application

You can apply alone or together.

Sole application (most common): You submit Form D8 without your spouse's permission or knowledge. The court serves them with the papers. They have 14 days to respond, but they do not have to. If they don't respond, the divorce carries on anyway. This is the "no-fault" power: one person can end the marriage unilaterally.

Joint application: You both apply together. You submit one application jointly, both sign it, and both pay the fee (though the fee is the same: £593 total, not per person). Joint applications tend to move faster because there is no service delay and both parties are aligned. However, they are less common if there is any disagreement.

Most people use sole application because it sidesteps negotiation at the outset. You and your spouse can sort finances and children separately, outside the divorce itself.

Court fee (£593 in 2026)

The standard court fee for a divorce application in England and Wales is £593 (as of 2026). This fee must be paid when you submit Form D8.

Can you pay less or nothing?

Yes, via fee remission. If your household income is under a certain threshold, you can apply to pay a reduced fee or nothing at all. You use Form EX160 (Application for help with court fees) to apply for remission. The thresholds change year to year. As of 2026:

• Household income under approximately £15,000 per year: no fee payable (100% remission)
• Household income £15,000 to £24,000 per year: reduced fee (£215)
• Household income above £24,000: full fee (£593)

You apply for remission when you submit Form D8. The court assesses your application and tells you the outcome. You do not need to wait for remission approval to submit your divorce form; you can submit both together, and the court will let you know.

Who pays for what?

Only the person (or people) filing the application pays the court fee. If you apply alone, you pay. If you apply jointly, you each pay £296.50, totalling £593. Your spouse does not pay a fee unless they apply to end the marriage themselves (rare in practice).

How to apply online via gov.uk portal

Since April 2022, all divorce applications are submitted online via www.gov.uk/apply-for-divorce.

The process:

1. Create an account. Use your email address and set a password.

2. Complete the form. The online form walks you through the questions. It takes 20-30 minutes. You answer about your name, address, marriage details, and why the marriage has broken down.

3. Upload supporting documents. You need a copy of your marriage certificate (or a certified extract from the register). Upload a clear image or PDF.

4. Check your answers. Review everything before submission.

5. Pay the fee. You pay £593 (or your remitted fee) online via debit card, credit card, or bank transfer. If you applied for fee remission, you may pay nothing or a reduced amount.

6. Submit. Once payment is processed, your application goes to the court.

7. Receive your case reference number. The court sends you a number, usually within 5 working days. You use this to track your case online.

You can save your draft and come back later if you need time to gather documents.

What the form asks for

The online Form D8 contains these main sections:

Your details: Full name, date of birth, address (including postcode), occupation, email, phone number.

Your spouse's details: Full name, date of birth, and last known address. If you don't know their current address, you can provide their last known address and explain.

The marriage: Date of marriage, place of marriage (town and country), whether you have lived together since, whether you have ever been separated.

Children: Names and dates of birth of any children under 18 from the marriage. You also say whether arrangements for their upbringing are already agreed or still to be decided.

Statement of breakdown: The form asks: "State briefly why you believe the marriage has broken down irretrievably." You write a short paragraph. You do not blame the other person. You simply state the facts: "We have grown apart," "We have different life goals," "We no longer wish to live together." This statement is not read by a judge unless a dispute arises. Keep it factual and brief (2-4 sentences).

Confirmation: You confirm that you want the marriage to end and understand the legal effects. You certify that the information is true.

Legal representative: If you have a solicitor, you provide their details and sign a power of attorney form. If you are acting alone (unrepresented), you sign yourself.

Conditional Order (formerly Decree Nisi) after 20-week reflection period

After you submit Form D8, the court serves the papers on your spouse (if you applied alone). They have 14 days to respond. Even if they do not respond, the case moves forward.

After 20 weeks from the date you submitted the application, you can apply for a Conditional Order. This used to be called a Decree Nisi.

A Conditional Order means: "The court has checked your application and accepts that the marriage has broken down irretrievably. Subject to a final check, the marriage will end."

To apply for a Conditional Order:

1. Log into your account on the gov.uk portal and request the Conditional Order.
2. Confirm that the 20-week reflection period has passed.
3. Confirm that you still want the marriage to end and that nothing has changed.
4. The court reviews your request (usually 2-5 working days) and makes the Conditional Order.

The Conditional Order is not yet absolute. You must wait another 6 weeks and 1 day before you can apply for the Final Order.

If your spouse objects to the Conditional Order, that is rare but possible. If they do, the court may hold a hearing. However, objections cannot stop the divorce; they can only delay it.

Final Order (formerly Decree Absolute) after 6 weeks and 1 day from Conditional Order

Six weeks and one day after the Conditional Order is made, you can apply for a Final Order (formerly called Decree Absolute). This order legally ends the marriage.

To apply:

1. Log into your account on the gov.uk portal and request the Final Order.
2. Confirm that the 6-week-and-1-day period has passed.
3. The court reviews your request (usually 1-3 working days) and issues the Final Order.

Once the Final Order is issued, your marriage is legally dissolved. You are no longer married. You can remarry if you wish. Your name can revert to a former surname if you apply (via deed poll or statutory declaration).

The Final Order is the absolute end point. There is no further appeal after this stage in most cases.

Service on the other party

"Service" means delivering the court papers to your spouse. The court handles this automatically.

How service works:

1. You submit Form D8 with your spouse's address.
2. The court posts copies of the Form D8, the statement, and the court's cover letter to your spouse at that address.
3. Service is usually completed within 4 weeks.
4. Your spouse receives the papers and can respond within 14 days if they wish.

What if you don't know their address?

If you cannot find your spouse's current address, you can provide their last known address and explain the situation to the court. You can also ask the court to permit "alternative service" (e.g. via email, social media, or a solicitor's last contact). Alternative service is uncommon but available in genuine hardship cases.

Can your spouse stop service?

No. The court will serve them unless you both jointly apply (in which case there is no service because you have both signed).

What if the other party does not respond

Your spouse receives the papers and has 14 days to respond. In most cases, they do not respond. Non-response does not stop the divorce.

If your spouse does not respond:

1. The court assumes they are not contesting the divorce.
2. The case proceeds to Conditional Order as normal after 20 weeks.
3. Your spouse is still bound by the Final Order 6 weeks and 1 day later.

If your spouse does respond:

1. They fill in a form saying whether they agree or disagree.
2. If they agree (tick the "consent" box), the process carries on normally.
3. If they disagree, they must explain why (this is rare and usually leads to a directions hearing or court order).

In practice, disagreement at this stage is very unusual. The new law makes agreement optional, so most divorces carry on with or without the other person's input.

Financial settlement (separate from divorce, Form A)

Important: The divorce itself (Form D8) is separate from financial settlement.

You can divorce without agreeing on money, property, or pensions. Many people do. Once the divorce is final, you can still negotiate or litigate finances later.

However, it is unwise to wait. The longer you delay financial settlement after divorce, the messier it becomes.

If you and your spouse have agreed on finances:

1. You can formalise the agreement in a consent order (Form A and the draft order).
2. You send this to the court alongside your divorce application (or before the Final Order is made) for the judge to approve.
3. Once approved, the order is binding and legally enforceable.

If you have not agreed:

1. You can still divorce on Form D8.
2. After the divorce is final, you can apply for a court order on finances using Form A (Application for Financial Order).
3. The court will direct you to mediation or court hearing to resolve the money.

Most solicitors recommend sorting finances at the same time as the divorce to avoid delays and extra court fees.

Children arrangements (Family Court not automatic)

The divorce itself does not create a court order about where children live or how much time they spend with each parent.

If you and your spouse have agreed on child arrangements:

1. Write a simple agreement: where the children live, which parent they stay with on which days, how holidays and emergencies are handled.
2. Keep this arrangement as a private agreement (you do not need the court's approval).
3. Both parents comply voluntarily.

If you disagree on arrangements:

1. You apply to the Family Court (a different court from the divorce court) for a Child Arrangements Order.
2. Use Form C100 to apply.
3. The court will direct you to mediation first (MIAM - Mediation Information and Assessment Meeting).
4. If mediation fails, the court holds a hearing and decides where the children live and how much time they spend with each parent.

This happens entirely separately from the divorce. The divorce court does not automatically make child orders. You must apply if you want a court-backed arrangement.

Day to day: timeline week by week

Week 0: You submit Form D8 and pay £593 online.

Week 1-2: The court processes your application and assigns a case reference number.

Week 2-4: The court serves (posts) the papers to your spouse.

Week 4-5: Your spouse's response window (14 days to reply, though most do not).

Week 20: You can now apply for a Conditional Order. You log into your account and request it.

Week 20-21: The court reviews and issues the Conditional Order (usually 2-5 working days).

Week 27: Six weeks and one day after the Conditional Order, you can apply for a Final Order.

Week 27-28: The court reviews and issues the Final Order (usually 1-3 working days).

Week 28 onwards: You are divorced. The marriage is legally ended. Your case closes.

This timeline assumes no complications, no objections, and no disputes. If your spouse challenges the Conditional Order or disputes arise, the timeline lengthens.

Common misconceptions

"My spouse must agree to the divorce."

False. Under the no-fault law, your spouse does not have to agree. You can apply alone, and the divorce will proceed even if they object. They cannot stop it. (They can delay it via objection, but only temporarily.)

"The Conditional Order ends the marriage."

False. The Conditional Order means the court has accepted that the marriage has broken down, but the marriage is not yet legally ended. You need the Final Order for that. This two-step process (Conditional, then Final) is a safeguard.

"I must sort finances before I divorce."

False. You can divorce first and settle finances later via a court order on Form A. However, it is unwise to delay; courts prefer disputes to be resolved together.

"Divorce costs £593 and nothing else."

False. The £593 is the court fee only. If you hire a solicitor, you will pay their fees (typically £500 to £2,500+ depending on complexity). If you are unrepresented, you pay only the court fee (and possibly mediation fees if needed).

"The divorce court decides where the children live."

False. The divorce court and the family court are separate. You must apply separately (Form C100) to the Family Court for a Child Arrangements Order. This is not automatic and does not happen in the divorce process.

"If I don't respond to the divorce papers, the divorce stops."

False. If you do not respond, the divorce carries on. The court assumes you accept the breakdown, and the case proceeds to Conditional Order after 20 weeks.

Related concepts

• Form C100: Application for a Child Arrangements Order (separate from divorce)
• Form A: Application for Financial Order (can be filed with divorce or later)
• Form EX160: Application for help with court fees (remission)
• Conditional Order: The interim stage between application and final dissolution
• Final Order: The absolute end of the marriage
• Consent order: A formal agreement on finances, approved by the court
• Mediation: Dispute resolution outside court (MIAM is mandatory before Family Court applications)
• Deed poll: Official name change after divorce

Sources

• UK Government: Get a divorce
• Judiciary of England and Wales: Divorce and dissolution information
• Legislation.gov.uk: Divorce, Dissolution and Separation Act 2020

Disclaimer

This page provides educational information about UK divorce applications. It is not legal advice. Court procedures and fees change. If you are filing for divorce, consult a qualified solicitor or check the official gov.uk website for the latest forms and guidance. CaseCalm and its authors accept no liability for errors or omissions.

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.