Understanding the D80E Support Statement for 5-Year Separation

Understanding the Official Form D80E: Supporting Statement for 5-Year Separation in Divorce or Dissolution Proceedings

The Statement in support of divorce / dissolution / (judicial) separation – 5 years’ separation (form code: D80E) is an essential document used within the UK legal system to facilitate the process of ending a marriage or civil partnership when the parties have been separated for at least five years. Managed by the HM Courts and Tribunals Service, this form plays a critical role in cases where the petitioner seeks a divorce or dissolution based on long-term separation, without the need to prove fault or conduct.

Purpose and Scope of the D80E Form

This form serves as a formal declaration supporting a petition for divorce, dissolution, or judicial separation on the grounds of a minimum of five years’ separation. It is primarily used when the petitioner wishes to demonstrate that the parties have lived apart for the requisite period, fulfilling the legal criteria under the relevant legislation:

• Section 1(2)(e) of the Matrimonial Causes Act 1973
• Section 44(5)(c) of the Civil Partnership Act 2004

By submitting this statement, the petitioner confirms the facts related to their separation, addresses, and the decision to end the relationship, which are necessary for the court to process the application efficiently.

Who Should Complete the D80E?

The form must be filled out by the petitioner (the person initiating the divorce or dissolution proceedings). It is crucial that the petitioner provides accurate and truthful information, as the document is verified by a statement of truth. The petitioner is responsible for ensuring that all sections are completed correctly, including details about the separation dates, addresses, and the respondent’s (partner’s) residence history.

How to Fill Out the Form

When completing the D80E, the petitioner should use black ink and BLOCK CAPITAL LETTERS if filling out by hand. Each applicable box should be ticked, and all relevant fields filled in:

1. Read the petition: Confirm that you have read the initial divorce or separation petition.
2. Alterations or additions: Indicate whether you wish to modify any statements in your original petition.
3. Truthfulness: Affirm that the statements made are true to the best of your knowledge and belief.
4. Separation date: Provide the date when you and the respondent separated.
5. Decision date: State the date when you decided that the marriage or civil partnership was at an end.
6. Residences since separation: List addresses and periods of residence for both parties since the separation date.
7. Living together since separation: Answer whether you have ever lived with the respondent after separation, and provide details if applicable.

Finally, the petitioner must sign the statement, affirming that the facts are true, under a statement of truth. This signature confirms the authenticity of the document and that it is made in accordance with the legal requirements.

Supporting Documents and Submission Process

It is recommended that the petitioner attaches any relevant acknowledgment of service or other supporting documents, especially if the respondent has signed a formal acknowledgment. If the respondent’s signature appears on the acknowledgment of service, a copy should be attached to the statement, with the relevant box ticked. If a solicitor has signed on behalf of the respondent, no attachment is necessary.

The completed form should be submitted to the appropriate court handling the divorce or dissolution proceedings. Submission can be made in person, by post, or through the court’s electronic submission system if available. It is essential to keep copies of all documents for your records.

Common Errors to Avoid

• Providing inaccurate or incomplete dates, especially the separation and decision dates.
• Failing to sign the statement of truth, which can invalidate the document.
• Not attaching necessary acknowledgment or signatures when required.
• Using incorrect ink or handwriting that is illegible, particularly if filling out by hand.

Ensuring accuracy and completeness in the D80E form is vital for a smooth legal process. If uncertain about any section, it is advisable to seek legal advice or assistance from the court’s support services.