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Family Court FormsUnited Kingdom
Free Form D8 No-Fault Divorce Application Template
Form D8 is the United Kingdom application form for a divorce, civil partnership dissolution, judicial separation or nullity under the no-fault regime introduced by the Divorce, Dissolution and Separation Act 2020. Our free UK template builds a structured D8 application — sole or joint, divorce or dissolution — based on the single statutory ground of irretrievable breakdown under section 1(1) of the Matrimonial Causes Act 1973, with the 20-week reflection period and 6-week + 1-day Conditional Order to Final Order timeline calculated from your application date and the post-Brexit jurisdiction grounds under section 5(2) of the Domicile and Matrimonial Proceedings Act 1973.
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Form D8 — Application for DIVORCE
Divorce, Dissolution And Separation Act 2020 (No-fault) · 15 June 2026
TO: The Family Court — HMCTS Divorce Service
BY: Hannah Louise Pemberton — Applicant; against Andrew James Whittaker — Respondent.
RE: Application for divorce — dissolution of marriage under section 1 of the Matrimonial Causes Act 1973 (as amended by the DDSA 2020).
This is a sole application by Applicant 1 against Applicant 2 (the Respondent). The application is filed via the gov.uk Apply for Divorce online portal (the primary route — over 90% of post-DDSA 2020 applications). Jurisdiction: both parties are habitually resident in England and Wales — section 5(2)(a) of the Domicile and Matrimonial Proceedings Act 1973 (first indent of the post-Brexit retained EU law jurisdiction grounds).
BY: Hannah Louise Pemberton — Applicant; against Andrew James Whittaker — Respondent.
RE: Application for divorce — dissolution of marriage under section 1 of the Matrimonial Causes Act 1973 (as amended by the DDSA 2020).
This is a sole application by Applicant 1 against Applicant 2 (the Respondent). The application is filed via the gov.uk Apply for Divorce online portal (the primary route — over 90% of post-DDSA 2020 applications). Jurisdiction: both parties are habitually resident in England and Wales — section 5(2)(a) of the Domicile and Matrimonial Proceedings Act 1973 (first indent of the post-Brexit retained EU law jurisdiction grounds).
1. APPLICANT 1 IDENTIFICATION
| FULL NAME | Hannah Louise Pemberton |
| DATE OF BIRTH | 14 August 1986 |
| ADDRESS | 22 Carlton Terrace, Leamington Spa, Warwickshire CV32 5HW |
| NATIONALITY | British |
| h.pemberton@example.co.uk | |
| TELEPHONE | 07795 318 442 |
2. RESPONDENT IDENTIFICATION
| FULL NAME | Andrew James Whittaker |
| DATE OF BIRTH | 9 February 1984 |
| ADDRESS | 9 Mill Lane, Berkhamsted, Hertfordshire HP4 2AB |
| NATIONALITY | British |
| a.whittaker@example.co.uk |
3. MARRIAGE DETAILS
| DATE OF MARRIAGE | 6 September 2014 |
| PLACE OF SOLEMNISATION | St Mary the Virgin Church, Warwick |
| COUNTRY | England or Wales |
| TYPE | Marriage (Matrimonial Causes Act 1973) |
| CERTIFICATE | the original marriage certificate (or certified copy) is enclosed with this application |
4. STATEMENT OF IRRETRIEVABLE BREAKDOWN. Applicant 1 confirms that the marriage between the parties has irretrievably broken down. This is the single ground for divorce under section 1(1) of the Matrimonial Causes Act 1973 (as amended by section 1 of the Divorce, Dissolution and Separation Act 2020). No further evidence is required and no statement of fact under the former five-fact regime (adultery, behaviour, desertion, two-year separation with consent, five-year separation) is required or sought.
5. CHILDREN OF THE FAMILY. There are 2 children of the family under the age of 18 at the date of this application. Current arrangements: Two children of the family — Theodore James Whittaker (b. 17 March 2016, aged 10) and Esme Margaret Whittaker (b. 22 November 2018, aged 7). Both children currently live with Applicant 1 at the Leamington Spa address during the school week and spend alternate weekends with Applicant 2 in Berkhamsted. The parties have reached an informal arrangement which they intend to formalise in a separate C100 application if necessary.. The court will consider whether to direct further information about the arrangements for any minor children under section 41 of the Matrimonial Causes Act 1973 (as amended) where the Conditional Order is to be made absolute.
6. APPLICATION TYPE DETAIL — SOLE APPLICATION. A sole application under the DDSA 2020 reform requires service of the issued application on the Respondent. The Respondent has no statutory right of defence under the no-fault regime — they may dispute the validity of the marriage, the jurisdiction, or the financial remedy claim, but not the statement of irretrievable breakdown. The Respondent is expected to file a Form AS1 Acknowledgement of Service within 14 days of issue.
Joint-application conversion position: not applicable — this is a sole application.
Service method on Respondent: service of the issued application is requested by email to the Respondent's nominated email address under FPR 2010 PD 6A.
Joint-application conversion position: not applicable — this is a sole application.
Service method on Respondent: service of the issued application is requested by email to the Respondent's nominated email address under FPR 2010 PD 6A.
7. TIMELINE — 20-WEEK REFLECTION + 6-WEEK + 1-DAY COOLING-OFF. The DDSA 2020 reform introduced two statutory waiting periods. The 20-week reflection period under section 1(5) of the Matrimonial Causes Act 1973 (as amended) runs from the date the application is issued by the court to the earliest date the applicant(s) may apply for the Conditional Order (formerly Decree Nisi). The 6-week + 1-day period under section 9 of the Matrimonial Causes Act 1973 runs from the Conditional Order to the earliest date the applicant(s) may apply for the Final Order (formerly Decree Absolute). The total minimum period from issue to Final Order is therefore 26 weeks + 1 day.
Earliest Conditional Order application date (20 weeks from issue): 2 November 2026.
Earliest Final Order application date (20 weeks + 6 weeks + 1 day): 15 December 2026.
Intended Conditional Order application date: 9 November 2026.
Intended Final Order application date: 22 December 2026.
Timeline notes:
Applicant 1 intends to apply for the Conditional Order on the first available date after the expiry of the 20-week reflection period. The Final Order application will follow 6 weeks and 1 day after the Conditional Order, unless financial remedy proceedings on the parties' agreed terms are still pending. Where the Final Order is delayed beyond the financial remedy resolution, this is to preserve the matrimonial widow's pension benefit until the consent order is sealed.
Earliest Conditional Order application date (20 weeks from issue): 2 November 2026.
Earliest Final Order application date (20 weeks + 6 weeks + 1 day): 15 December 2026.
Intended Conditional Order application date: 9 November 2026.
Intended Final Order application date: 22 December 2026.
Timeline notes:
Applicant 1 intends to apply for the Conditional Order on the first available date after the expiry of the 20-week reflection period. The Final Order application will follow 6 weeks and 1 day after the Conditional Order, unless financial remedy proceedings on the parties' agreed terms are still pending. Where the Final Order is delayed beyond the financial remedy resolution, this is to preserve the matrimonial widow's pension benefit until the consent order is sealed.
8. JURISDICTION TEST — DMPA 1973 SECTION 5(2) + POST-BREXIT FRAMEWORK. The Family Court has jurisdiction to entertain proceedings for divorce, dissolution or judicial separation under section 5(2) of the Domicile and Matrimonial Proceedings Act 1973. Brussels IIa Regulation (EC No 2201/2003) ceased to apply to England and Wales on 1 January 2021; the jurisdiction grounds were substantially replicated by amendments inserted into DMPA 1973 s.5(2) by SI 2019/519. The grounds are: (i) both parties habitually resident in England and Wales; (ii) both parties last habitually resident together in England and Wales and the applicant still resides here; (iii) the Respondent is habitually resident in England and Wales; (iv) the applicant is habitually resident here and has been for at least one year immediately before the application; (v) the applicant is habitually resident here, has been for at least six months and is domiciled here; (vi) either party is domiciled in England and Wales (sole domicile).
Ground relied on: both parties are habitually resident in England and Wales — section 5(2)(a) of the Domicile and Matrimonial Proceedings Act 1973 (first indent of the post-Brexit retained EU law jurisdiction grounds).
Jurisdiction narrative:
Both parties are British citizens habitually resident in England and Wales at the date of this application. Applicant 1 has lived continuously at the Carlton Terrace, Leamington Spa address since the parties separated in November 2024; Applicant 2 has lived continuously at the Mill Lane, Berkhamsted address since the same date. Both addresses are within the jurisdiction. Centre of family life remained in England and Wales throughout the marriage; the children continue to attend schools in Warwickshire. Neither party has any habitual residence or domicile in another country. The first jurisdiction indent of DMPA 1973 section 5(2)(a) (both parties habitually resident) is satisfied without difficulty.
Competing proceedings position: no competing divorce, dissolution or judicial separation proceedings are pending in any other jurisdiction.
The court applies the post-Brexit "closest connection" test on forum non conveniens (DMPA 1973 Schedule 1 paragraph 9); the former Brussels IIa "first in time" lis pendens rule no longer applies. Marinos v Marinos [2007] EWHC 2047 (Fam) is the leading authority on habitual residence on the date of issue.
Ground relied on: both parties are habitually resident in England and Wales — section 5(2)(a) of the Domicile and Matrimonial Proceedings Act 1973 (first indent of the post-Brexit retained EU law jurisdiction grounds).
Jurisdiction narrative:
Both parties are British citizens habitually resident in England and Wales at the date of this application. Applicant 1 has lived continuously at the Carlton Terrace, Leamington Spa address since the parties separated in November 2024; Applicant 2 has lived continuously at the Mill Lane, Berkhamsted address since the same date. Both addresses are within the jurisdiction. Centre of family life remained in England and Wales throughout the marriage; the children continue to attend schools in Warwickshire. Neither party has any habitual residence or domicile in another country. The first jurisdiction indent of DMPA 1973 section 5(2)(a) (both parties habitually resident) is satisfied without difficulty.
Competing proceedings position: no competing divorce, dissolution or judicial separation proceedings are pending in any other jurisdiction.
The court applies the post-Brexit "closest connection" test on forum non conveniens (DMPA 1973 Schedule 1 paragraph 9); the former Brussels IIa "first in time" lis pendens rule no longer applies. Marinos v Marinos [2007] EWHC 2047 (Fam) is the leading authority on habitual residence on the date of issue.
9. FINANCIAL ORDER NOTICE — MCA 1973 ss.22-25. The DDSA 2020 reform did not change the financial remedy framework under sections 22 to 25 of the Matrimonial Causes Act 1973 (or, for civil partnerships, Schedule 5 of the Civil Partnership Act 2004). A financial remedy application is a separate proceeding, normally commenced by Form A and supported by Form E disclosure (FPR 2010 Part 9; PD 5A). The Supreme Court in Wyatt v Vince [2015] UKSC 14 confirmed that there is no statutory time limit on a financial remedy application — but inordinate delay is a substantive (not procedural) barrier and may be a basis for strike-out under FPR 2010 r.4.4.
Applicant's financial order intent: a separate Form D80 (Application for a Financial Consent Order) will be filed alongside agreed terms once the Conditional Order has been pronounced.
Pension disclosure notice: pension disclosure is reserved — a Form P (Pension Inquiry Form) and PODE report will be obtained for any financial remedy application.
Applicant's financial order intent: a separate Form D80 (Application for a Financial Consent Order) will be filed alongside agreed terms once the Conditional Order has been pronounced.
Pension disclosure notice: pension disclosure is reserved — a Form P (Pension Inquiry Form) and PODE report will be obtained for any financial remedy application.
10. STATEMENT OF TRUTH. Applicant 1 believes that the facts stated in this application are true. The applicant understands that proceedings for contempt of court may be brought against any person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth (Family Procedure Rules 2010 rule 17.6).
APPLICANT
Hannah Louise Pemberton
Applicant — 15 June 2026
Date: ____________________
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What Is Form D8?
Form D8 is the United Kingdom application form to start divorce or civil partnership dissolution proceedings under the Divorce, Dissolution and Separation Act 2020. The Act came into force on 6 April 2022 and replaced the former five-fact divorce regime (adultery, unreasonable behaviour, desertion, two-year separation with consent, five-year separation) with a single statement of irretrievable breakdown. The Act also renamed the divorce decrees: "decree nisi" is now the "Conditional Order" and "decree absolute" is now the "Final Order".
The application is made either as a sole application by one party (Applicant 1) against the other (Respondent), or as a joint application by both parties together. The single statutory ground is irretrievable breakdown of the marriage or civil partnership — no fact, no fault, no defence to the breakdown statement. The Respondent may dispute the validity of the marriage, the jurisdiction or any financial remedy claim, but cannot defend the breakdown statement. Approximately 110,000 divorces are granted in England and Wales each year following the DDSA 2020 reform, with around 20% filed as joint applications.
The DDSA 2020 introduced two statutory waiting periods. The 20-week reflection period under section 1(5) of the Matrimonial Causes Act 1973 (as amended) runs from the date the application is issued by the court to the earliest date the applicant may apply for the Conditional Order. The 6-week + 1-day cooling-off period under section 9 of the MCA 1973 runs from the Conditional Order to the earliest date the applicant may apply for the Final Order. The minimum total from issue to Final Order is therefore 26 weeks + 1 day. Jurisdiction is governed by section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 (as amended post-Brexit by SI 2019/519) — Brussels IIa ceased to apply to England and Wales on 1 January 2021.
What's Covered in This Template
Our United Kingdom Form D8 template builds a structured no-fault divorce or civil partnership dissolution application — applicant identification, marriage details, irretrievable breakdown confirmation, minor children, jurisdiction analysis, the 20-week reflection timeline, the sole vs joint application detail, the post-Brexit jurisdiction test under DMPA 1973 s.5(2) and a Wyatt v Vince [2015] UKSC 14 financial-order notice.
Sole vs Joint Application Switch
Auto-switches every clause based on whether you apply as a sole applicant (against the Respondent) or jointly with the other party. Joint applications were not possible under the former regime — this is a DDSA 2020 reform feature. The joint application carries a 14-day conversion right.
Single Ground of Irretrievable Breakdown
The statement of irretrievable breakdown is the single ground under section 1(1) of the Matrimonial Causes Act 1973 (as amended). No fact, no blame, no defence. The Respondent cannot defend the breakdown statement — they may only contest jurisdiction, marriage validity or any financial claim.
20-Week Reflection Period Calendar
Calculates the earliest Conditional Order application date — 20 weeks (140 days) from the date the application is issued — automatically. Section 1(5) of the MCA 1973 (as amended by the DDSA 2020) sets the statutory minimum. Allows you to record your intended Conditional Order application date if different.
6-Week + 1-Day Final Order Cooling-Off
Calculates the earliest Final Order application date — 6 weeks + 1 day (43 days) from the Conditional Order, and 26 weeks + 1 day from the application date overall. MCA 1973 section 9 preserves the cooling-off period. The Expert clause records your intended timetable, including any pension-preservation delay.
Post-Brexit Jurisdiction (DMPA 1973 s.5(2))
Jurisdiction is governed by section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 as amended by SI 2019/519. Six habitual residence grounds + sole domicile + joint domicile. The template captures the ground relied on with the underlying facts narrative. Brussels IIa ceased to apply on 1 January 2021.
Marinos v Marinos [2007] Habitual Residence
The leading authority on habitual residence at the date of issue is Marinos v Marinos [2007] EWHC 2047 (Fam) — single test on the day of issue, the MOJ-perceived correct interpretation. The Expert jurisdiction clause cites Marinos and frames the habitual residence narrative around the date of application.
Closest-Connection Forum Non Conveniens
Where there are competing proceedings in another jurisdiction, the former Brussels IIa "first in time" lis pendens rule no longer applies. The court applies a post-Brexit closest connection test under DMPA 1973 Schedule 1 paragraph 9 on forum non conveniens. The Expert clause captures the competing proceedings position.
Wyatt v Vince [2015] UKSC 14 Financial Order Notice
The Expert financial-order notice clause cites Wyatt v Vince [2015] UKSC 14 — no statutory time limit on financial remedy claims, but inordinate delay is a substantive (not procedural) barrier and may be a basis for strike-out under FPR 2010 r.4.4. Reserves the right to apply for a separate D80 financial consent order.
Pension Preservation Note
Where significant pension capital is in issue, the Expert clause flags the common practice of delaying the Final Order until any pension sharing order has been incorporated into a sealed consent order — to preserve the matrimonial widow's / widower's benefit pending finalisation.
Online Portal or Paper Filing Route
Auto-switches the filing route — the gov.uk Apply for Divorce online portal (over 90% of post-DDSA 2020 applications) or paper filing at the Courts and Tribunals Service Centre, HMCTS, PO Box 13226, Harlow CM20 9UG.
Service Method on the Respondent
Four service routes for a sole application — email (PD 6A), first-class post, personal service (process server) or alternative service under FPR 2010 r.6.19 where the Respondent's address is not known. Joint applications require no service.
Statement of Truth (FPR 17.6) Pre-Drafted
Pre-drafts the statement of truth required by Family Procedure Rules 2010 rule 17.6 — each applicant believes the facts are true. False statements verified by a statement of truth without an honest belief in its truth may attract proceedings for contempt of court.
How to Complete Form D8
Follow these steps to produce a well-structured United Kingdom Form D8 divorce or civil partnership dissolution application under the post-2020 no-fault regime.
- 1
Pick Sole or Joint
A sole application is by one party against the other (Respondent). A joint application is by both parties together — possible only under the DDSA 2020 reform. Joint applications are recommended where both parties agree on the divorce; either joint applicant may convert to a sole application by giving 14 days' notice (one-off conversion right).
- 2
Confirm Jurisdiction (DMPA 1973 s.5(2))
Pick the jurisdiction ground that best fits the facts at the date of issue. Six habitual residence grounds + sole domicile + joint domicile. Marinos v Marinos [2007] EWHC 2047 (Fam) is the leading habitual residence authority — single test on the day of issue. Brussels IIa ceased to apply on 1 January 2021.
- 3
Add the Marriage / Civil Partnership Details
Date, place and country of solemnisation. The certified marriage certificate (or civil partnership certificate) is a mandatory enclosure. Where the marriage was solemnised outside the United Kingdom, enclose a certified English translation with apostille (Hague Convention 1961) where required.
- 4
Confirm Irretrievable Breakdown
The single statutory ground is irretrievable breakdown of the marriage or civil partnership under section 1(1) of the Matrimonial Causes Act 1973 (as amended by the DDSA 2020). No fact, no fault. The Respondent cannot defend the breakdown statement.
- 5
Set the Children Position
Confirm whether there are any children of the family under 18 at the date of the application, the number and a brief summary of current living and contact arrangements. The court will consider whether to direct further information under section 41 of the MCA 1973 (as amended) before the Final Order.
- 6
Calculate the 20-Week + 6-Week Timeline (Expert)
The Expert timeline clause auto-calculates the earliest Conditional Order date (20 weeks from issue) and the earliest Final Order date (26 weeks + 1 day from issue). Record your intended dates and any reason to delay the Final Order beyond the statutory minimum (typically to preserve pension benefits).
- 7
Reserve the Financial Position (Expert)
The financial remedy framework under MCA 1973 ss.22-25 is separate. The Expert financial-order notice clause records whether you intend a separate D80 consent order on agreed terms, reserve a financial claim under Wyatt v Vince [2015] UKSC 14, or have no financial claim.
- 8
File via Online Portal or Paper
Over 90% of post-DDSA 2020 applications are filed via the gov.uk Apply for Divorce online portal. Paper filing is at the Courts and Tribunals Service Centre, HMCTS, PO Box 13226, Harlow CM20 9UG. Both routes are valid.
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Legal Considerations — D8 No-Fault Divorce
The Divorce, Dissolution and Separation Act 2020 transformed United Kingdom divorce law. The framework operates the same in England and Wales; Scotland and Northern Ireland have separate procedures under the Divorce (Scotland) Act 1976 and the Matrimonial Causes (Northern Ireland) Order 1978.
This template is for general information and does not constitute legal advice. Resolution (the national family law specialist body), Citizens Advice and the Family Mediation Council publish detailed guidance for self-representing applicants. A family solicitor or family law barrister can advise on complex cases — particularly where jurisdiction is contested, where international elements are present, where there is significant pension capital, or where a financial consent order is needed.
Reviewed for the United Kingdom (England and Wales)
Statutory Framework — DDSA 2020 + MCA 1973
Section 1 of the Divorce, Dissolution and Separation Act 2020 amended section 1 of the Matrimonial Causes Act 1973 to replace the former five-fact regime with a single statement of irretrievable breakdown. The single ground is conclusive — the court must take the breakdown statement as proof. The DDSA 2020 also renamed the decree nisi to "Conditional Order" and the decree absolute to "Final Order". The reform came into force on 6 April 2022.
20-Week Reflection Period — MCA 1973 s.1(5)
Section 1(5) of the Matrimonial Causes Act 1973 (as amended) creates a statutory 20-week reflection period between the date the application is issued and the earliest date the applicant may apply for the Conditional Order. The reflection period is intended to give both parties time to consider whether the marriage really has irretrievably broken down and to address any practical arrangements for children and finances.
6-Week + 1-Day Cooling-Off — MCA 1973 s.9
Section 9 of the Matrimonial Causes Act 1973 preserves a 6-week + 1-day cooling-off period between the Conditional Order and the earliest application for the Final Order. The minimum total from issue to Final Order is therefore 26 weeks + 1 day. Where the Final Order is delayed beyond the statutory minimum, this is normally to preserve pension benefits pending a sealed financial consent order.
Post-Brexit Jurisdiction — DMPA 1973 s.5(2)
Brussels IIa Regulation (EC No 2201/2003) ceased to apply to England and Wales on 1 January 2021. Jurisdiction is now governed by section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 as amended by the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/519). The grounds substantially replicate the former Brussels IIa Article 3 grounds — six habitual residence indents and two domicile grounds. Marinos v Marinos [2007] EWHC 2047 (Fam) is the leading authority on habitual residence at the date of issue.
Forum Non Conveniens — DMPA 1973 Sch 1 para 9
Where there are competing proceedings in another jurisdiction, the court in England and Wales applies a post-Brexit closest connection test on forum non conveniens under DMPA 1973 Schedule 1 paragraph 9. The former Brussels IIa "first in time" lis pendens rule no longer applies; the court exercises discretion based on the closest connection of the parties and the marriage.
Financial Remedy — MCA 1973 ss.22-25 + Wyatt v Vince
The DDSA 2020 reform did not change the financial remedy framework under sections 22 to 25 of the Matrimonial Causes Act 1973. A financial remedy application is a separate proceeding — Form A and Form E disclosure under FPR 2010 Part 9 and PD 5A. The Supreme Court in Wyatt v Vince [2015] UKSC 14 confirmed that there is no statutory time limit on a financial remedy application, but inordinate delay is a substantive barrier and may be a basis for strike-out under FPR 2010 r.4.4.
Frequently Asked Questions
Build Your No-Fault Divorce Application
Produce a clear, statute-cited United Kingdom Form D8 divorce or civil partnership dissolution application the Family Court can process quickly. Sole or joint, divorce or dissolution, the template builds the irretrievable breakdown statement under section 1(1) of the Matrimonial Causes Act 1973, calculates the 20-week reflection period and the 6-week + 1-day Conditional Order to Final Order timeline from your application date, frames the post-Brexit jurisdiction under section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 and reserves the financial remedy position under Wyatt v Vince [2015] UKSC 14.
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