Q&As

Is the effect of section 8 of the post-Divorce, Dissolution and Separation Act 2020 (DDSA 2020) version of Form D8 (Application for a divorce or dissolution) as to whether the applicant wishes to apply for financial orders the same as the ‘prayer’ in the pre-DDSA 2020 version of Form D8? What are the implications of completing the Form D8 to confirm that the applicant does wish to apply for financial orders? What are the consequences of the applicant failing to confirm in the Form D8 that they wish to apply for financial orders?

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Published on: 25 October 2022
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Form D8 was last updated on 13 October 2022. The effect of ticking yes for the applicant in box 8.1 of the post-6 April 2022 Form D8 is the same as including a prayer for a financial order for the petitioner in a petition issued prior to that date. This will overcome the almost absolute bar on the court’s jurisdiction to entertain an application made after remarriage contained in section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973). The impact of the bar is explained in

David Salter
David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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