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Form D8D UK: Presumption of Death Petition 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
When a spouse or civil partner disappears and there are genuine reasons to believe they have died, the surviving partner is left in a painful legal limbo. The marriage or civil partnership technically continues, which blocks remarriage, complicates inheritance, and makes it hard to move on. Form D8D is the court petition used in England and Wales to ask for a decree or order presuming the missing person dead, which also ends the marriage or civil partnership. This page walks you through what the petition does, the evidence the court will look for, the practical steps involved, and the financial and inheritance consequences that follow once a decree is granted. It is written for people dealing with a distressing situation who need clarity before deciding whether to press ahead.

What this document is

Form D8D is the court application used to ask a judge to presume that a missing spouse or civil partner has died and, at the same time, to bring the marriage or civil partnership to a formal end. The power comes from the Presumption of Death Act 2013, which created a single High Court procedure for these cases.

A successful application produces a declaration of presumed death, and the marriage or civil partnership is dissolved as part of the same outcome. The legal effect is broadly similar to a divorce or dissolution order, so the surviving partner is then treated as single for legal purposes.

The court will not grant the decree on a hunch. You need to set out the circumstances of the disappearance, the steps taken to trace the missing person, and the reasons why death is a realistic conclusion rather than mere absence. Because of the seriousness of declaring someone dead, the judge will scrutinise the evidence carefully before making an order.

How to use this document

  1. Gather evidence of the disappearance. Before filling in anything, collect documents that show who the missing person is, when they were last seen, and what has been done to find them. Police missing person reports, communications with embassies, bank activity (or the lack of it), and statements from family and friends all help build the picture the court needs to see.
  2. Complete Form D8D carefully. Fill in the petition with accurate details about the marriage or civil partnership, the last known whereabouts of the missing person, and the grounds on which you believe they have died. Be specific about dates, locations, and the circumstances surrounding the disappearance. Vague or inconsistent answers slow the process down.
  3. Attach supporting documents. File your marriage or civil partnership certificate, any police references, and witness statements alongside the petition. If there was a specific event suggesting death, such as an accident, natural disaster, or dangerous activity, include any press coverage, official reports, or correspondence that corroborates it.
  4. Submit the petition to the High Court. The application goes to the Family Division of the High Court. A court fee applies, so check gov.uk for the current amount before sending anything in. If paying the fee would cause hardship, you may be able to apply for help with fees using the EX160 process.
  5. Attend the hearing and await the decree. The court will usually list a hearing where the judge examines the evidence. You may need to give oral evidence about what happened and what searches have been made. If the judge is satisfied, a decree of presumed death is granted, which also ends the marriage or civil partnership.

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 How long does someone need to be missing before I can apply?
There is no fixed waiting period in every case, but the Presumption of Death Act 2013 generally expects the missing person to have been absent for at least seven years, unless there is specific evidence pointing to an earlier death. If, for example, the person was last seen in a serious accident at sea, the court may accept an earlier application because the circumstances themselves suggest death.
Q What happens to inheritance rights if the decree is granted?
Once a presumption of death decree takes effect, you are no longer treated as the spouse or civil partner of the missing person. Any gift, legacy, or appointment made to you in their will is generally revoked unless the will expressly says otherwise. If there was no will, the intestacy rules apply as though the marriage had ended, so you would not inherit as a surviving spouse.
Q Can I apply for probate straight after getting the decree?
Not automatically. The decree confirms the marriage is over and that death is presumed, but administering the estate is a separate process. You may need to take further steps to obtain a grant of probate or letters of administration, and the route can vary depending on whether there is a will and how the assets are held. Specialist probate guidance is often worth seeking.
Q What if my missing spouse turns up alive later?
The decree can be varied or revoked if the person is found to be alive, but the marriage or civil partnership is not automatically revived. Property and financial matters dealt with on the basis of the decree may need to be unpicked. At that point, you can apply for financial orders against the former spouse in broadly the same way as in divorce or dissolution proceedings.
Q Can court staff help me fill in Form D8D?
Court staff can explain the procedure, tell you where to send the form, and point out which documents are generally required. They are not permitted to give legal advice, recommend what to put in the petition, or tell you whether your evidence is strong enough. For anything beyond procedural questions, you will usually need to speak to a solicitor or an experienced legal adviser.
Q Do I need a solicitor to apply?
You are not required to instruct a solicitor, and some applicants do handle the process themselves. That said, presumption of death cases are legally and evidentially complex, and the consequences are significant. If the circumstances are unusual, the estate is sizeable, or relatives disagree about whether the person is really dead, legal help is often worth the cost.
Q Can I apply for financial orders after the decree?
Generally no. Once the presumption of death decree is in place, you cannot pursue financial remedy claims against the missing person as you could in divorce, because the court has treated them as deceased. The main exception is if they later reappear, in which case the usual financial remedy routes may open up again.
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.