To file for divorce, it’s important that you have the right documentation prepared and completed correctly, where necessary. You can instruct Holland Family Law Leicester to help with your divorce case, to ensure that you have all the required documents ready. Here’s a rundown of what you will need.
1. Divorce Petition – Form D8
You will need a D8 divorce petition to file for divorce, which you can download online at HM Courts and Tribunal Service. Alternatively, you can pick up a form in person from any county court.
When completing a divorce petition, you will need to provide your full name and address, along with your spouse’s name and address details. You will need to specify where you got married.
A reason for filing for divorce will also need to be given and whether you intend to claim any divorce costs from your spouse. If the reason given relates to adultery and you want to identify that person with whom your spouse committed adultery, you will need the name and address of that individual.
At the end of the petition is a section detailing financial claims against your spouse. It’s recommended that you do not alter this wording if you want to make any claims, as you will be unable to change your mind later on.
Three copies of your divorce petition will need to be submitted to the court when you file for divorce. A fourth copy is needed if you plan to name someone where adultery has been specified as the reason for filing for divorce.
2. Your Original Marriage Certificate
The court will need to see a copy of your original marriage certificate. If you do not have it, you will need to contact the Registrar of births, deaths and marriages for a ‘certified copy’. You can apply at the nearest registry office to where you got married and you will be charged a fee.
A photocopy of your marriage certificate will not be accepted by the court, even if it has been certified by a family and divorce lawyer.
If you were married outside of England and Wales, a certified copy from the country where you were married will be required. If the certificate is not in English, you will need to submit a translation along with your marriage certificate when you file for divorce.
It’s recommended that you contact the UK Embassy of the country in which you were married because they will have someone who can translate your certificate and get it independently verified.
3. Court Fee or Court Fee Exemption Form (if applicable)
There is a Court fee payable when filing your Petition. This is current £550. However, if you’re on a low income or benefits, you could be exempt from paying court fees or entitled to some money off. To apply for fee exemption or reduction, you will need to complete Form Ex160 and the accompanying documents specified on the Ex160 form must be provided.
Once you have all your documents prepared, you’re ready to file for divorce. Your divorce paperwork should be sent to the court closest to your home address as it’s likely that you may have to visit if there are financial issues that need to be sorted out prior to the completion of your divorce.