How to do your own divorce in 6 steps
You should have now done the following 8 things:
- Decided whether you are going to apply online or in paper (if paper use the documents in our resources section)
- If online, found the online divorce site
- Obtained your original or certified marriage certificate ready to upload
- Decided whether this is going to be a joint or sole application
- If joint, decided who is going to be applicant 1 and the one responsible for paying the court fee
- Checked that the court has jurisdiction to deal with your application
- Decided whether you need to make an urgent application on paper (in exceptional circumstances)
- Be clear about the rules for correct service of documents- See Q&A section
You are now ready to make your application online or on paper.
STEP 1– Locating the forms and getting online
On paper
Locate the main forms in the resources section and open up form D8, the divorce application.
Most cases are quite standard and will only require forms D8, D10, D84 and D36 so that you can
- Make an application for divorce on your own or jointly with your former partner- D8
- If you are the Respondent, respond to an application made by your former partner (this is not the same as an Answer which is needed when the application is disputed)- D10
- If you are a sole or joint applicant, apply for a conditional order –D84
- If you are a sole or joint applicant, apply for the conditional order to be made final –D36
Start by creating your account or sign in to begin the process.
After the application is issued all parties will receive a reference number and access code to sign into the digital service (this is the case for both sole and joint applicants and respondents.
See Notice of Proceedings for the Applicant in the resources section
You will need to agree to receive emails to use the online system.
You will be able to keep your contact details private.
STEP 2– Completing the divorce application
On paper
Complete the divorce application– D8
Locate the main forms in the resources section and open up form D8, the divorce application.
Whether you complete this online or in paper form you should find most of the explanatory notes clear and helpful.
Where these notes refer to child arrangements and dividing money and property (D8 section 8) we provide further information and help in this chapter and other chapters in this Manual such as:
Chapter 8- How to reach your own maintenance agreement
Chapter 9- How to reach your own financial agreement
Chapter 10- How to treat pensions on divorce
Chapter 11- How to treat business interest on divorce
Chapter 12- Creating a co-parenting plan (child arrangements)
Online/Digital service
Complete the online divorce application
After the application is issued all parties will receive a reference number and access code to sign into the digital service (this is the case for both sole and joint applicants and respondents.
See Notice of Proceedings for the Applicant in resources section
You will need to agree to receive emails to use the online system.
You will be able to keep your contact details private
STEP 3– Responding to the divorce application
Responding to an application– D10
If you are the Respondent you will receive a Notice of application and have 14 days from receiving this to file your response, form D10
If you are the Respondent (if your former partner is the sole applicant) you will be provided with a 16 digit reference number and 8 character access code in an email and letter which invites you to the application so that you can complete your Response, Form D10
Look in the resources section for an example of a Notice of application you might received from the court as the Respondent
Paper
If you are the recipient of a divorce application you must respond using form D10 (the old Acknowledgement form) confirming, among other things, whether you intend to dispute the application which you can only do in very limited circumstances
STEP 4– Disputing the divorce
Disputing the divorce- D8B
Most divorces will be standard cases (rather than disputed) given that it is only likely to be possible to dispute a divorce on the basis that
- The marriage is null and void for some reason ie not valid
- The person does not have the correct status to apply for a divorce
- The court does not have jurisdiction
- The marriage has already legally ended (in another jurisdiction, for example)
There is no longer any need to prove one of the fault grounds or that you have been living apart.
On paper
If you wish to dispute the divorce application you must complete form D8B (the old Answer form) setting out your reasons for disputing the divorce.
This cannot be done online and there is currently a fee of £245 for this.
If you wish to file form D8B you must do so within 35 days from the date you received the divorce application.
If you do not do so your spouse will be able to continue with the divorce as if you have not disputed it.
STEP 5– Applying for the conditional order
Applying for the conditional order- D84
Online application– This site will explain how to apply online and by paper
The first divorce order is a conditional order (formerly Decree Nisi) which can be applied for online or using paper form D84 20 weeks after the date of issuing the divorce application to ‘provide a meaningful period’ of reflection and offer you the opportunity to either turn back if you both decide to OR, where the divorce is inevitable, work together in mediation or some other suitable dispute resolution process to make financial and child arrangements for the future.
An application can be made to shorten this time period (see urgent applications in exceptional circumstances) on form D11.
If the court is not satisfied that you can have a conditional order they can ask for further information or ask you to attend a court hearing.
This said, it is difficult to envisage when this likely to happen given the simplicity of the law and process and that no evidence is required to prove that the marriage has irretrievably broken down.
You will be sent a Certificate of entitlement to a Conditional order confirming that you are entitled to a conditional order and providing a date for pronouncement of this order.
If, during the 20 week period between issuing the divorce application and application for the conditional order you have reached a financial agreement in mediation and presented this to the court in the form of a financial consent order, the certificate of entitlement will also certify that you are entitled to the financial order as agreed
See Certificate of entitlement in the resources section
Following the date of pronouncement of the conditional order you will receive the conditional order confirming the date and listing various legal rights and responsibilities that will change after you divorce emphasising the need to sort out financial arrangements and financial consent order before applying for the final order (see Q&As)
See Conditional order pronounced in resource section
STEP 6– Applying for the final order
Applying for the final order– D36
Online application– This site will show you how to apply online
6 weeks after the Conditional order has been made you and/or your former partner can give notice to the court (apply) for the Conditional order to be made final.
If you and your former partner jointly applied for divorce and one of you has now dropped out of the process that person must be given 14 days’ notice that the final order is being applied for- D11.
If you reconcile you and your former partner can jointly apply for a rescission of the conditional order informing the court that you have reconciled (see Q&A paragraph).
The Final order will confirm that the marriage has legally ended and explains, among other things, that divorce affects inheritance under a will often requiring new Wills to be drawn up.
See Final order certificate in resources section- sole