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 your spouse or civil partner has applied to have your marriage or civil partnership declared null and void, and you want to challenge that application, Form D8BN is the court document you use to formally answer it. Annulment is a distinct legal route from divorce or dissolution, and responding properly matters because the outcome affects your legal status, finances and any arrangements around children.
This page walks through what Form D8BN does, when it applies, the information you will need to pull together, and what tends to happen once the form reaches the court. I have written it for people who have received paperwork and are trying to work out their next move without getting lost in jargon.
If you want to talk it through with someone before you decide anything, our telephone call service is at the bottom of the page.
What this document is
Form D8BN is the court form a respondent uses in England and Wales to answer, and potentially oppose, an application for a nullity of marriage order or a nullity of civil partnership order. It is the annulment equivalent of answering a divorce or dissolution application.
By filing this form, you are telling the court that you do not agree with the application as it stands, or that you want to raise your own grounds. An annulment differs from a divorce because the court is being asked to decide that the marriage or civil partnership was either void from the outset (never legally valid) or voidable (valid until annulled on specific grounds such as non-consummation in opposite-sex marriages, lack of proper consent, or certain other statutory reasons).
Because the legal consequences can be significant, including for financial claims and any children involved, the form requires you to set out your position clearly and within the time limit stated in the paperwork the court sent you. A court fee usually applies when you file, and fee help may be available depending on your income and savings.
How to use this document
Read the nullity application carefully. Go through every page your spouse or civil partner has filed and note the grounds they are relying on. Check the dates, the factual claims, and anything about finances or children. You need to understand exactly what is being asserted before you can answer it properly, because your response must address those specific points.
Note the deadline for answering. The court paperwork will tell you how long you have to file Form D8BN. Missing the deadline can mean the application proceeds without your input, which is rarely what people want when they have chosen to contest. Diarise the date immediately and work backwards from it when planning.
Gather your supporting information. Pull together any documents relevant to the grounds being argued, any previous court orders, details of property and finances, and information about any children of the relationship. You do not necessarily attach everything to the form itself, but having it organised helps you complete D8BN accurately and prepares you for later stages.
Complete Form D8BN carefully. Fill in each section using the facts as you understand them, making sure your personal details match those on the original application. Be clear about which parts of the nullity application you accept, which you dispute, and the basis for your position. Sign and date the form as instructed.
File the form with the court and pay the fee. Submit the completed D8BN to the court named in the application, along with the applicable court fee or an application for fee remission. Keep copies of everything you send. The court will then progress the matter, which usually involves further directions or a hearing depending on how contested the issues are.
Q What is the difference between annulment and divorce?
Divorce legally ends a marriage that was valid. Annulment is the court declaring that a marriage was either never legally valid (void) or can be set aside on specific grounds (voidable). The legal effect and the grounds are different, and annulment is available only in limited circumstances defined by statute. Civil partnerships have an equivalent nullity process.
Q Do I have to use Form D8BN if I disagree with the application?
If you want to formally contest a nullity application in England and Wales, D8BN is the standard court form for doing so. If you broadly agree with the application or simply do not wish to take part, there are other options or you can let it proceed. Contesting has time limits and costs implications, so it is worth thinking through carefully.
Q Is there a fee to file Form D8BN?
Yes, a court fee normally applies when you file the form. The current amount is published on gov.uk and changes periodically, so check the fees page before you send anything in. If you are on a low income or receive certain benefits, you may be able to apply for Help with Fees to reduce or remove what you pay.
Q How long do I have to respond to a nullity application?
The deadline is set out in the paperwork the court sends you with the application. It is typically a matter of weeks rather than months, so do not leave it. If you miss the deadline, the applicant can usually ask the court to continue without your input, and unpicking that later is much harder than responding on time.
Q Can I deal with finances and children as part of this process?
Financial matters and child arrangements are usually handled through separate but related processes, not purely within Form D8BN itself. You can raise them when you complete the form, and the court will direct how they should be dealt with. Many people find it helpful to think about these issues early so nothing is missed.
Q Do I need a solicitor to complete Form D8BN?
You are not required to use a solicitor, and some people complete the form themselves. Because nullity cases can involve complicated factual and legal grounds, many people choose to get some guidance first. A telephone call with an experienced legal adviser can help you think through your options based on what you describe, before you commit to a path.
Q What happens after I file the form?
Once the court has your completed D8BN and the fee, it logs the response and the matter becomes a contested case. The court will give directions about next steps, which may include disclosure, statements or a hearing. How long it takes depends on how contested the issues are and on the court's workload in your area.
Unsure whether to contest the nullity application?
Answering a nullity application is a decision with real legal and financial consequences, and the wording on Form D8BN matters. An experienced legal adviser can talk through your position on the phone and help you think about your next move based on what you describe.
✓Plain-English answers to your specific questions about D8BN
✓Practical perspective on contesting versus not responding
✓What to watch out for given the grounds in your case
✓Clarity on timings, fees and what the court expects next
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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.
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.
