Form D13B UK: Dispense with Service in Divorce
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Part ofDivorce & Civil Partnership Dissolution Forms UK
When a marriage has broken down and you want to start divorce proceedings, the usual process involves formally sending, or 'serving', the application on your spouse so they have a chance to respond. But what happens when you genuinely have no idea where your spouse is living?
This is where Form D13B comes in. It is the court document you use to ask a judge to waive the normal service requirement so your case can move forward without the respondent being contacted directly. Because dispensing with service is a serious step that affects the other person's right to participate, the court expects thorough evidence that every reasonable effort to find them has failed.
This page walks through what the form covers, the proof you will need to gather, and the practical realities of making an application of this kind in England and Wales.
What this document is
Form D13B is a sworn statement used to support an application asking the family court to dispense with service of a divorce, dissolution, nullity, or judicial separation application on the respondent. In plain terms, you are asking the judge to let the case proceed even though the other party has not received the papers.
This is only granted where the applicant can show, in clear and detailed evidence, that the respondent genuinely cannot be located despite proper efforts to trace them. The judge reads your statement, weighs up the enquiries you have made, and decides whether it would be appropriate to move the case forward without service being completed.
If the application succeeds, the court can progress the proceedings without the respondent's involvement. If it is refused, you will usually need to try further methods of service, such as alternative service at an email address or a social media account, before trying again.
The form is not something to be completed lightly, and the court will expect to see that you have exhausted the practical avenues open to you.
How to use this document
- Gather your evidence before you start. Pull together every piece of information you hold about the respondent's possible whereabouts, including their last known address, the date you separated, names of mutual contacts, and any correspondence that has been returned undelivered. The stronger your evidence trail, the better your chance of the application succeeding.
- Carry out and document thorough tracing enquiries. Contact relatives, friends, former employers, and any organisations the respondent was linked to, keeping a record of each conversation or letter. Keep returned post marked 'gone away' or 'not known at this address' as these items carry real weight with the court when it assesses your efforts.
- Read the guidance notes that come with the form. The official notes set out what level of detail the court expects in each section. Working through them carefully before you start writing helps you avoid vague answers that could lead the judge to refuse the application or ask for further information.
- Complete Form D13B with full and honest detail. Answer every question as precisely as you can, covering where you last lived together, the date you last saw or heard from the respondent, any children of the family, employment details, and any maintenance arrangements. Attach supporting documents and evidence of your enquiries.
- File the form with the court and consider confidentiality. Submit Form D13B to the court dealing with your divorce application. If you want to keep your home address and contact details hidden from your spouse, you should also complete Form C8 and lodge it at the same time so your details are not shared on the court file.
Common questions
Q When would I need to use Form D13B?
You would use this form when you have started, or want to start, divorce or dissolution proceedings but genuinely cannot find your spouse or civil partner to serve them with the application. It is a last resort after you have tried the usual tracing methods, and the court will only grant it where reasonable efforts to locate the respondent have clearly failed.
Q What kind of enquiries does the court expect me to have made?
The court looks for evidence that you have contacted people and organisations likely to know where the respondent is. This typically includes relatives, friends, former employers, and any professional bodies they belonged to. Returned post, unanswered letters, and records of phone calls or messages can all help show the court you have taken the search seriously.
Q Is there a fee for filing Form D13B?
The court generally charges a fee for applications of this type. Fee amounts change from time to time, so you should check the current figure on gov.uk before filing. If you are on a low income or receive certain benefits, you may be eligible to apply for help with fees, which can reduce or remove the cost entirely.
Q What happens if the court refuses my application?
If the judge decides you have not done enough to trace the respondent, or that another method of service could still work, the application will be refused. You may then be directed to attempt alternative service, for example by email, social media, or through a known relative, before the court will revisit dispensing with service.
Q Can I keep my address confidential from my spouse?
Yes. If you are worried about your spouse finding your current address through the court papers, you should complete Form C8 and file it alongside Form D13B. This asks the court to keep your contact details off the documents that are shared, which can be particularly important in cases involving domestic abuse or safety concerns.
Q Do I need a solicitor to complete Form D13B?
You are not legally required to use a solicitor, and many people complete the form themselves. That said, dispensing with service is a discretionary step and the quality of your evidence matters. If you are unsure whether your enquiries are strong enough, getting some guidance before filing can help you avoid a refused application.
Q How long does the court take to decide?
Timescales vary between courts and depend on how busy the family court is at the time. In straightforward cases with clear evidence, a decision may come through within a few weeks. More complex applications, or those where the judge wants further information, can take considerably longer, so it is worth filing as early as you can.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm D13B on gov.ukgov.uk
- Guidance · UK GovGetting a divorce – gov.ukgov.uk
- Guidance · UK GovHelp with court feesgov.uk
- Guidance · UK GovForm C8 – keeping your contact details privategov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.