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Form D70 UK: Declaration of Marital Status Guide

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Part ofDivorce & Civil Partnership Dissolution Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If questions have arisen over whether a marriage or civil partnership is legally recognised in England and Wales, Form D70 is the route to ask the family court for a formal declaration. People reach for this form in a wide range of situations: a marriage celebrated overseas that a UK authority is refusing to recognise, uncertainty over whether a divorce granted abroad has effect here, or a need for clarity where a spouse has passed away and paperwork is missing. The form produces a binding declaration from the court, which can then be used to resolve knock-on issues such as inheritance, immigration, or pension entitlements. This page walks through what the D70 covers, who can file it, the documents the court expects to see, and the practical steps involved. If you would rather talk it through with someone before committing, a telephone call with an experienced legal adviser is available at the end.

What this document is

Form D70 is the application used in the family court to request a declaration about the status of a marriage, a civil partnership, or the effect of a divorce, dissolution, judicial separation, or nullity order. It is the formal way to ask a judge to confirm, in writing, that a relationship is (or is not) legally valid, or that an overseas decree is (or is not) recognised in England and Wales.

The legal framework for these declarations sits across the Family Law Act 1986, the Matrimonial and Family Proceedings Act 1984, and the Marriage Act 1949. The applicant does not always have to be one of the parties to the marriage or civil partnership: a person with a sufficient interest, such as a family member seeking clarity for probate purposes, may also apply, though they need to set out their interest clearly.

The court will expect to see supporting evidence, including the original certificate and, where the documents are not in English, a certified translation. Once granted, a declaration under section 55 of the 1986 Act binds the Crown and every other person.

How to use this document

  1. Confirm a declaration is what you actually need. Before filing anything, work out whether the question you want answered is truly one of status. A D70 is not used to challenge the grounds of a divorce or to start fresh proceedings, it asks the court to rule on whether a marriage, civil partnership, or foreign decree is legally recognised here.
  2. Gather the evidence the court will want to see. You will need a certified copy of the marriage or civil partnership certificate, plus any foreign decree, order, or annulment paperwork relevant to the application. Anything not in English (or Welsh, for a Welsh court) must be accompanied by a translation from an authorised translator. Missing or poor-quality documents are one of the main reasons applications stall.
  3. Complete the form carefully and set out your grounds. The D70 asks for full personal details of the applicant and, where relevant, the respondent, the basis on which you say the court has jurisdiction, and the specific declaration you want. You must explain your reasons for applying and flag any other proceedings, in England and Wales or abroad, touching on the validity of the relationship.
  4. File the application with the appropriate family court. Submit the completed form, supporting documents, and the court fee. Fees change periodically, so check gov.uk for the current amount before sending anything. If you need adjustments to attend a hearing, such as interpreter support or step-free access, note this on the form so the court can plan accordingly.
  5. Respond to directions and attend the hearing. After issue, the court will give directions on serving the respondent (if there is one) and may require further evidence. The Attorney General is often notified so they can intervene if the public interest requires it. Sign the statement of truth honestly, as making a false statement can be treated as contempt of court.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Who can apply using Form D70?
Either party to the marriage or civil partnership can apply. A person who is not a party but has a sufficient interest, for example a relative dealing with an estate where the deceased's marital status is disputed, can also apply, but they need to demonstrate that interest to the court. The court has discretion to refuse where the applicant has no real connection to the question being asked.
Q Do I need a solicitor to file Form D70?
No, you can file a D70 yourself as a litigant in person. That said, declaration proceedings can get technical quickly, particularly where foreign decrees, jurisdictional rules, or contested facts are involved. Many people find it useful to get a plain-English steer on whether their situation fits this route before spending the court fee and gathering translations.
Q Can Form D70 be used to recognise a divorce obtained abroad?
Yes, one of the common uses of the D70 is to ask the court to declare that an overseas divorce, dissolution, or annulment is entitled to recognition in England and Wales. The court looks at factors such as where the parties were habitually resident or domiciled at the time, and whether the proceedings abroad met certain procedural standards.
Q What happens if my documents are not in English?
Any certificate, decree, or order that is not in English (or Welsh, for a court sitting in Wales) must be submitted with a translation produced by an authorised translator. A rough translation from a friend or online tool will not be accepted. Getting this organised early tends to save weeks of delay once the application is in.
Q Is there a court fee for Form D70?
Yes, a fee applies when you file the application. The amount is reviewed from time to time, so check gov.uk for the current figure before you post or submit anything. If paying the fee would cause financial hardship, you can apply for help with fees through the standard HMCTS scheme, which may cover part or all of the cost.
Q How long does a D70 application take?
There is no fixed timetable. Straightforward applications with full documentation and no opposition can move reasonably quickly, while anything involving the Attorney General, contested facts, or foreign legal systems can take several months or longer. The court sets directions as the case develops, and hearings are listed based on local court capacity.
Q Does a declaration affect property, finances, or children?
A declaration only answers the status question put to the court, it does not decide financial remedy, property division, or child arrangements. Those are separate proceedings. However, a declaration can be a necessary stepping stone, for example where financial claims depend on confirming that a valid marriage existed in the first place.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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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.