Understanding the D80D Support Statement for 2-Year Separation Divorce

Understanding the Official Form for Supporting a 2-Year Consent Divorce or Separation in the UK

The Statement in support of divorce/dissolution/(judicial) separation – 2 years’ consent (form code: D80D) is an essential legal document used within the UK’s family law framework. Managed by the HM Courts and Tribunals Service, this form facilitates the process for individuals seeking to legally end their marriage or civil partnership through mutual consent after a minimum of two years of separation. This article provides a comprehensive overview of the form’s purpose, the conditions for eligibility, and guidance on how to complete it correctly.

Purpose and Legal Context

This form serves as a formal statement supporting a petition for divorce or dissolution based on mutual agreement, specifically under the grounds of a two-year separation period. It is used in cases where both parties agree to end their relationship and consent to the divorce or separation, as stipulated under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. The form is submitted alongside the main divorce or dissolution petition, providing evidence that the petitioner and respondent have agreed to the termination of their marriage or civil partnership after at least two years of separation.

Who Can Use This Form and Eligibility Criteria

Only individuals who are applying for divorce, dissolution, or judicial separation with the respondent’s consent after a minimum of two years of separation are eligible to complete this form. The key eligibility criteria include:

• Both parties have been separated for at least two years.
• The petitioner has read the divorce or separation petition and confirms its accuracy.
• The petitioner and respondent agree with the statements made in the petition and support the application.

It is important to note that the form is only applicable when the separation has lasted for at least two years, and both parties consent to the divorce or separation. If these conditions are not met, other grounds for divorce or dissolution must be considered.

Step-by-Step Guide to Completing the Form

Section 1: Court and Case Details

Begin by filling in the name of the court handling the case and the case number. Clearly state the full names of both the petitioner and respondent. If completing the form by hand, use black ink and block capital letters, and ensure all boxes are ticked appropriately.

Section 2: About the Petition

• Answer whether you have read the petition for divorce or separation.
• Indicate if you wish to alter or add to any statement in the petition, and specify those alterations if applicable.
• Confirm whether all statements in the petition are true to the best of your knowledge, or specify if any are based on information and belief.

Section 3: Separation and Decision Dates

Provide the date when you and the respondent separated, as well as the date when you decided that the marriage or civil partnership was at an end. These dates are crucial, as they establish the timeline for eligibility under the two-year separation rule.

Section 4: Residence History

List all addresses where both parties have lived since separation, including the periods of residence at each address. This information helps confirm the separation period and the distinct household arrangements.

Section 5: Living Arrangements Since Separation

Answer whether you have ever lived with the respondent after separation. If yes, provide details of the address and the duration of cohabitation, along with circumstances surrounding the separation.

Declaration and Submission

Finally, the petitioner must sign a statement of truth, affirming that the information provided is accurate to the best of their knowledge. This declaration is legally significant, as false statements can lead to contempt of court proceedings.

After Completing the Form

Once filled out, the form should be submitted alongside the main petition to the relevant court. It is advisable to keep copies of all documents and evidence, such as acknowledgments of service or signatures, which may be required during court proceedings. The court will review the application and, if all conditions are met, proceed with granting the divorce or separation order.

Understanding and correctly completing this form is an important step in the legal process of ending a marriage or civil partnership with mutual consent. If in doubt, seeking legal advice or assistance from a family law solicitor can help ensure that all requirements are fulfilled and the process proceeds smoothly.