Understanding the Divorce Application (formerly the D8 petition)
*Plain‑English guide for litigants in person*
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The divorce application is the form you fill in to start the legal process of ending a marriage or civil partnership in England and Wales. Since April 2022 the old paper D8 petition has been replaced by an online divorce application (you complete it on the GOV.UK “Apply for a divorce” service). The form itself is still called the “divorce application” – you just do it on a computer or smartphone instead of printing and posting paper.
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*No‑fault* means you do not have to blame your partner (or yourself) for the breakdown of the marriage. You only need to state that the marriage has irretrievably broken down. The law recognises this statement as enough to get a divorce.
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| Stage | What happens | Approximate time* |
|-------|--------------|-------------------|
| A. Submit the application | You (or you and your spouse together) fill in the online form, pay the fee, and submit it to the court. | Same day (online) |
| B. Acknowledgement of Service | The court sends a copy of the application to your spouse (the “respondent”). They have 14 days to acknowledge receipt and say whether they agree or disagree. | 2 weeks |
| C. 20‑week reflection period | After the acknowledgement, there is a mandatory 20‑week wait (about 5 months) before you can move to the next step. This period gives both parties time to consider reconciliation or make arrangements. | 20 weeks |
| D. Apply for a Conditional Order | Once the 20‑week period ends, you (or both of you) ask the court for a Conditional Order (the former “Decree Nisi”). The judge reviews the paperwork; if everything is in order, they grant the order. | Usually a few weeks after you apply |
| E. Final Order | You must wait at least 6 weeks and 1 day after the Conditional Order before you can apply for the Final Order (the former “Decree Absolute”). When the judge grants this, the marriage is legally ended. | Minimum 6 weeks + 1 day |
\*Times are typical; they can be longer if the court is busy or if you need to sort out children or money matters first.
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| Type | Who fills it in? | When it’s used |
|------|------------------|----------------|
| Sole application | One spouse (the “applicant”) completes the form alone. The other spouse becomes the “respondent” and must acknowledge the papers. | Most common when only one person wants to start the divorce, or when you prefer to handle the paperwork yourself. |
| Joint application | Both spouses complete the form together, confirming they both agree to the divorce. | Useful when you both agree on ending the marriage and want to show the court you are in agreement from the start. It can sometimes speed up the acknowledgement step because both parties have already signed. |
Either route leads to the same stages (application → 20‑week wait → Conditional Order → Final Order). The choice is about who does the paperwork and how you want to present your agreement to the court.
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| Item | Approximate cost (as of 2024) | Notes |
|------|------------------------------|-------|
| Court fee for the divorce application | £593 | Payable when you submit the online form. If you are on a low income or receive certain benefits, you may qualify for a fee remission (help with court fees) – you can apply for this through the same online service. |
| Legal advice or representation | Varies | If you choose to hire a solicitor, their fees are extra. Many people handle the divorce themselves (as a litigant in person) and only pay the court fee. |
| Additional costs | May arise if you need help with child arrangements, financial settlements, or mediation. | These are separate from the divorce fee. |
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1. Child arrangements (who the children live with, time spent with each parent, etc.)
* The divorce process does not automatically decide where children will live or how much time they spend with each parent.
* You can agree on arrangements informally, through mediation, or by applying for a Child Arrangements Order (a separate court order).
* It is often wise to sort out child matters before or alongside the divorce, especially if you want the court to consider them when making any financial orders.
2. Financial proceedings (division of property, savings, pensions, maintenance, etc.)
* The divorce itself only ends the marriage. Financial settlement is a separate step.
* You can reach a financial agreement voluntarily (e.g., via mediation or solicitors) and then ask the court to make it legally binding with a Consent Order.
* If you cannot agree, either party can apply for a Financial Remedy Order (formerly “ancillary relief”). The court will look at factors like income, needs, standard of living, and contributions.
* You can start financial proceedings before, during, or after the divorce, but you must wait until after the Conditional Order to apply for a Final Order if you want a Consent Order sealed by the court.
Key point: The divorce, child arrangements, and finances are three *linked but separate* processes. You can handle them in any order that works for you, but many people find it helpful to resolve children and money matters first, so the divorce itself is straightforward.
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1. Decide sole or joint application.
2. Complete the online divorce application on GOV.UK and pay the £593 fee (or apply for fee remission).
3. Wait for your spouse’s acknowledgement (14 days).
4. After acknowledgement, note the start of the 20‑week period.
5. When the 20 weeks are over, apply for the Conditional Order.
6. Wait at least 6 weeks + 1 day, then apply for the Final Order.
7. In parallel, work out child arrangements and/or financial settlement (mediation, agreement, or court orders).
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Remember: This guide explains the *process* and *paperwork* involved in a divorce. It is not legal advice tailored to your personal circumstances. If you have concerns about children, property, debts, pensions, or any other aspect of your separation, please consider speaking with a solicitor, a family‑law advice service (such as Citizens Advice or LawWorks), or a qualified mediator. They can help you protect your interests and ensure any agreements are fair and enforceable
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