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Applying For Divorce D8 Form (UK Question)


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Posted (edited)

Hi all,

 

So me and my wife split up over 3 years ago, both have new lives etc, so now is the time to really get the divorce sorted, and I'm a bit confused over something on the form.

 

In section 11.2 of the form it says: "Costs (if you wish to claim costs from the Respondent or CO-respondent.". Now I want to pay it, I'm filling the form in so I'm the 'Petitioner/Applicant' but the only choices to pick from are 'Respondent' or 'Co-Respondent'.

 

According to the form, the 'Respondent' is the spouse...

 

So do I leave it this section blank or N/A it?

Edited by MarvelFan1
Posted (edited)

The divorce section doesn't get as many posts as the rest of the board to begin with, this isn't a very good place for divorce support. Add to that, requests for specific legal form help, and add to that, being in a country that only a smaller number of posters are from, and you're probably not going to get a lot of useful responses. I would suggest looking for a more specific UK divorce forums, I'm sure they're out there.

Edited by a LoveShack.org Moderator
Posted

Yes respondent is your spouse. Co-respondent is a 3rd party if you're alleging adultery (which by the way you should NOT do on a divorce petition).

 

Traditionally the best response to this question was to say you will not make a costs claim as long as the respondent doesn't contest the divorce petition. This covers your bases: if your spouse co-operates with the divorce, you pay the fees. But if she makes waves then you can claim costs that you incur due to her actions. It's a good incentive for her to co-operate with your petition rather than making petty objections to what you've said. I'm not sure how you'd express that on the new D8, though; there doesn't seem to be a box like there used to be.

 

I guess if you're using 2 years separation then it doesn't make much difference, because if she doesn't agree to the petition then it will fail whether costs are claimed or not!

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