Filing the divorce petition and supporting documents

The following Family practice note provides comprehensive and up to date legal information covering:

  • Filing the divorce petition and supporting documents
  • Where to start proceedings
  • The marriage certificate
  • Documents to be filed
  • Online divorce service
  • Notice of proceedings
  • Acknowledgment of service
  • Withdrawal before service

Filing the divorce petition and supporting documents

STOP PRESS: Resolution has informed its members that HM Courts and Tribunals Service (HMCTS) has said that from 13 September 2021, it will mandate the digital divorce process, which means that legal representatives will need to process their divorce applications using the digital online service rather than using the paper Form D8. The exceptions to this are detailed below, which should continue to be processed via the paper route:

  1. civil partnership

  2. judicial separation, and

  3. nullity

See the announcement here.

This Practice Note explains what documents must be filed with the petition when commencing proceedings for a divorce (an application for a matrimonial order) via a paper application. It explains what to do if the marriage certificate is not available. It also explains about divorce centres and the Courts and Tribunals Service Centre and  provides details about the online divorce service. It explains how to withdraw a petition before service.

The rules relating to divorce proceedings are to be found in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7 and the supplemental PD 7A.

Where the divorce is proceeding online FPR 2010, PD 41A will also apply. FPR 2010, PD 41A sets out the types of applications that may proceed by electronic means, the steps that may be taken by the parties and the relationship between FPR 2010, particularly FPR 2010, SI 2010/2955,

Popular documents