I want to get a divorce/dissolution, what should I do?

Where do I start my divorce/dissolution application?

You should make your application to the court in Stanley.  Opening hours can be found here, and the court fees are here.


What information and documents do I need?

  • Your own full name and address
  • your spouse's/civil partner's full name and address
  • a copy of your marriage/civil partnership certificaet which is not a photocopy
  • the dates of birth of any living children you have, no matter how old they are.


Which forms will I need?

You will need to file the form D8 (divorce/dissolution/(judicial) separation petition).

All forms and guidance are available from the court office or from the website.


Will I be able to fill in the forms myself?

If you do need help filling the forms the Citizen's Advice Bureau or a legal pracitioner will be able to assist.


What will happen when I have sent or given the forms to the court?

You will be informed of the date your application is issued (sent to) the respondent (your spouse/civil partner) and any co-respondent. 

The court will post a copy of your petition with form D10 (notice of proceedings) and D10A (acknowledgement of service) to the respondent and any co-respondent.

The respondent (and any co-respondent) have fourteen days to return the acknowledgement of service.  the fourteen days start on the day after the petition was served.

The time for returning the acknowledgement of service will be longer if the respondent (or any co-respondent) lives outside of the Falkland Islands.


How will I know when the respondent (any any co-respondent) gets the petition?

They will return their acknowledgement of service to the court.  The court will send you a copy.


What will happen if the respondent (or co-respondent) does not receive the petition?

If the address you gave for the respondent (or co-responden) is wrong, or they have moved, the Post Office will return the petition and other forms to the court.

The court will tell you if this happens.


What will the respondent (or co-responent) do when they get the petition?

They may do one of three things:

  • ignore the petition and not return the acknowledgement of service to the court
  • fill in the acknowledgment of service saying that they intend to defend your petition and/or the court's jurisdiction and return it to the court, or
  • fill in the acknowledgement of service saying that they agree with the petition and return it to the court.

If the acknowledgement of service is returned to the court by the respondent, or any co-respondent, the court will send you a copy.


What will happen if the respondent (or any co-respondent) does not return the acknowledgement of service to the court?

When the time has passed for the acknowledgement of service to be returned, you should contact the court and request form D89 (request for personal service by a court bailiff).  Fill in the form and return to the court.  Send them with a photograph or written description of the respondent (and any co-respondent) and the fee.

The court bailiff will be asked to deliver the petition and other documents to the respondent (or co-respondent) personally.