How to Complete and File Form D8A: Responding to a Divorce Application

Form D8A is the answer form a respondent files in family court in England and Wales to formally dispute a divorce or dissolution application. Since the Divorce, Dissolution and Separation Act 2020 took effect on April 6, 2022, you can only use it to challenge the proceedings on narrow legal grounds: that the court lacks jurisdiction, that the marriage or civil partnership was never legally valid, or that the application involves fraud or a procedural defect.¹ You cannot use it to argue that the marriage has not irretrievably broken down.

When Form D8A Actually Applies

Under the current rules, a statement by the applicant (or a joint statement) that the marriage has broken down irretrievably is treated as conclusive evidence.² The court will not entertain arguments that the marriage is salvageable or that the reasons behind the breakdown are inaccurate. The grounds for an answer are now limited to:

Jurisdiction. The court lacks authority to hear the case because, for example, neither party is domiciled or habitually resident in England and Wales.
Validity of the marriage or civil partnership. The marriage was never legally valid, perhaps because one party was already married or the ceremony did not comply with legal requirements.
Fraud or procedural noncompliance. The application contains fraudulent information, or the applicant failed to follow proper procedures in filing or serving it.

If your real concern is financial settlement, pension sharing, or arrangements for children, Form D8A is not the right tool. Those matters are handled through separate applications and will proceed whether or not you file an answer.

The Two Steps: Acknowledgment First, Then the Answer

When you are served with the application, the court sends you a notice of proceedings with your case number and deadline, together with an acknowledgment of service form.³ You complete and return that acknowledgment first, online or by post, indicating whether you agree or disagree with the divorce.

Ticking “disagree” on the acknowledgment is not itself a legal challenge. It only signals your intention. To actually dispute the divorce, you then need to file Form D8A, which is the document where you set out the specific legal basis for your dispute.³

The 21-Day Deadline

Under Part 7 of the Family Procedure Rules 2010, a respondent who wishes to dispute proceedings must file and serve an answer within 21 days beginning with the date by which the acknowledgment of service was due.⁴ Miss it, and you will likely need the court’s permission to file late, which complicates matters considerably.

You can still file an answer even if you did not flag an intention to dispute on the acknowledgment, provided you meet the 21-day deadline.⁴ Flagging it early is still better practice: it gives you more time to prepare and avoids surprising the court.

What Goes on the Form

You will need the case number and the full names of both parties exactly as they appear on the divorce application. Errors here can cause administrative delays or lead to the court returning your paperwork.

The core of the form is your statement of dispute. For each ground you rely on, explain your position clearly and concisely. The court can later order you to clarify or expand on anything ambiguous.⁴ Have supporting documents ready, such as evidence of domicile, proof of an existing marriage, or records showing procedural irregularities, even if you do not file them with the form itself.

Form D8A also contains a section where you can file your own application for a divorce or dissolution order. Under Rule 7.12, this is how you pursue your own case within the same proceedings rather than opening a separate action.⁴

Filing, Serving, and What Changes Next

Once the form is complete, you must both file it with the court identified in your notice of proceedings and serve a copy on the applicant and any other party. You can file by post or, depending on the court, through the online system.

Filing the answer shifts the case from undefended to disputed. Under the current rules, a disputed case is one where the answer challenges the validity of the marriage or the court’s jurisdiction, or where a respondent has filed their own application and neither party’s application has been resolved.⁴ Defended divorces are rare and typically take significantly longer than undefended ones.

Amending Your Answer

You can generally amend the answer without permission, but only until the applicant applies for a conditional order. After that point, you need either written consent from all other parties or the court’s permission.⁴ If you suspect your answer needs updating, act before the case advances.

The Filing Fee and Help With Fees

A filing fee applies when you submit an answer. The exact amount is published in the court fees schedule (Form EX50 on GOV.UK) and is updated periodically. Check the current figure before filing, because incorrect payment will delay processing.

If you cannot afford the fee, you can apply for a fee remission using Form EX160. Eligibility depends on your savings, your income, and whether you receive certain benefits. You will not qualify if you have savings and investments of £16,000 or more.⁵

You may qualify automatically if you receive one of the following:

Income-based Jobseeker’s Allowance (not contribution-based)
Income-related Employment and Support Allowance (not contribution-based)
Income Support
Universal Credit with annual earnings under £6,000
Pension Credit (guarantee credit only)

If you do not receive a qualifying benefit but have a low income, the court assesses your situation based on the financial details on the form. Submit the EX160 together with your D8A, with or in place of the court fee, to the court handling your case. The application must reach the court within 28 days of the date you sign it or it may be rejected.⁵

If You Do Nothing

If you file neither the acknowledgment of service nor an answer, the divorce can still proceed without your input.³ The applicant can apply for a conditional order and eventually a final order on their own application alone. You lose the chance to raise jurisdictional challenges or dispute the validity of the marriage. Financial orders and arrangements for children can also be decided without you, which is where the real risk lies for most respondents. Even if you have no grounds to dispute the divorce itself, engaging with the process protects your interests on those separate issues.

After You File

Once the answer is filed and served, the court will schedule directions or a hearing to manage the disputed case. It may order either party to clarify their position or provide additional information at any stage.⁴ Defended divorces almost always involve at least one hearing, and complex disputes over jurisdiction or validity may require a full trial.

Given how narrow the available grounds now are, getting legal advice before you file is worth the cost. A baseless answer only adds delay and expense to proceedings the court will almost certainly grant.

1
Legislation.gov.uk. Divorce, Dissolution and Separation Act 2020 – Explanatory Notes
2
GOV.UK. Blame Game Ends as No-Fault Divorce Comes Into Force
3
GOV.UK. Reply to a Divorce Application – Overview
4
Ministry of Justice. Family Procedure Rules Part 7 – Procedure for Applications in Matrimonial and Civil Partnership Proceedings
5
GOV.UK. EX160 – Apply for Help With Fees