The application process

To apply for divorce you must complete a divorce petition (Form D8), setting out details of your marriage and of the fact you are relying on (see the article Grounds for divorce). You can get a petition form and Notes for Guidance from your local County Court or from www.hmcourts-service.gov.uk.

On the last page of the petition, it asks if you intend to make a financial claim against your spouse. This is sometimes called the ‘prayer’. It is advisable to tick all the financial claims you could possibly wish to make in future, or you may later be prevented from doing so.

The forms are designed to be completed without needing a solicitor, but you should seek advice from a solicitor or a legal advice line if possible (see the article useful contacts).

Once the forms are complete you can start the divorce process by issuing the petition. You issue the petition by sending it with two extra photocopies (along with extra copies for any third parties you have named in your petition), an original certified copy of your marriage certificate, and the court fee or EX160 to your nearest divorce centre. If you cannot find your marriage certificate, you can apply for a copy from the Registry Office in the district where you were married or from the General Register Office. If your marriage certificate is in another language you must arrange to have it translated and the translation certified by a notary public – seek legal advice about this.

If you apply for the divorce you are the Petitioner and your spouse will be the Respondent.

Once the divorce petition has been issued it will be sent to your spouse. This is called service of the divorce papers. The court will usually post the petition to your spouse at the address you have provided in the petition. If service by post is unsuccessful and your spouse either does not receive or does not acknowledge receipt of your petition, then you can request that a court bailiff serve the documents on your spouse personally. You are not allowed to serve the papers yourself.