Use this form if you wish to defend a divorce, dissolution, (judicial) separation or nullity petition or application issued by your spouse or civil partner.
In the case of a marriage, the parties are called Petitioner and Respondent and the document starting the court proceedings is called a petition. In the case of a civil partnership, the parties are called Applicant and Respondent and the document starting the court proceedings is called an application. • This form should be completed if you wish to defend the divorce / dissolution / (judicial) separation or nullity petition/application issued by your spouse/civil partner. This could be because you do not agree that your marriage/civil partnership has irretrievably broken down, or you wish to defend allegations made against you by your spouse/civil partner. • There is a court fee for making this application. You can find the current fee in leaflet EX50 Civil and Family Court Fees which can be downloaded from: https://hmctsformfinder.justice.gov.uk If you cannot afford to pay a court fee, you may be eligible for a fee remission or a reduced fee. The form EX160 Apply for help with fees and the EX160A guidance booklet gives you further information - https://www.gov.uk/get-help-with-court-fees • If you wish to apply for a divorce/dissolution/(judicial) separation or an annulment against your spouse or civil partner you should complete your own petition/application. This will be issued within the existing case, and the judge will determine the outcome. There are guidance notes within the D8 form to help you complete your petition/application for a divorce/dissolution/(judicial) separation or nullity. If you require any further assistance with this form please seek legal advice. The court fee for this application is separate and in addition to the fee for filing this answer. • If there is not enough room on the form, you may continue on a separate sheet. Please put the Petitioner’s/ Applicant’s name, your name and the number of the Part to which the information relates, at the head of any continuation sheet. • If completing this form by hand, please use BLOCK CAPITAL LETTERS and tick the boxes that apply. Notes to Co-Respondents • If you have been named in a divorce/judicial separation petition as a Co-Respondent and you wish to defend the petition, you should complete Parts 3-8 of this form. • You should amend any references to ‘my spouse/civil partner’ to ‘the Petitioner’ and references to ‘Respondent’ to ‘Co-Respondent’.
