Guidance

Submit a joint application under new law – solicitor and litigant in person

Updated 6 November 2023

Applies to England and Wales

1. Before you start

Before you can use MyHMCTS, you and your organisation must have completed other steps.

1. Registered your organisation with MyHMCTS.

2. Set up your MyHMCTS user account.

Read the MyHMCTS registration guidance for further information and instructions. If your organisation has an account already, contact the existing administrator to arrange for your account creation.

Once you have a MyHMCTS account, you can sign in to manage a case using your email address and password.

Make sure you are using the solicitor portal, not the citizen portal.

If you cannot find your organisation when entering your details or have issues registering with the service, contact MyHMCTSsupport@justice.gov.uk for the team to look into your account and ensure your organisation has been setup correctly. We aim to respond within 5 working days.

For divorce and dissolution of a civil partnership, you can apply using a sole application or a joint application. There is separate guidance on how to apply for sole applications. If you are a solicitor acting for both parties you will need to apply on paper.

In a joint application in order to apply for help with fees (HWF) both parties need to be eligible. Both HWF’s reference numbers for each party need to be provided by applicant 1.

When the HWFs codes are processed by the court they both must be eligible for the HWFs to progress. If one is rejected, the full fee is required.

If part payment is required, both will be added together and the total amount will be requested.

2. Sign in

Read the guidance on how to sign in to My HMCTS.

Once an account has been created, you will be sent a link to access the system.

As part of your application, you will be asked to:

• complete a digital version of form D8
• upload a copy of the applicants’ marriage certificate
• upload any other supporting documentation such as a certified translation for a foreign marriage certificate, deed poll name change document etc
• enter your PBA account number
• submit your application digitally.

3. Case list

1. When you sign into the system you will see the ‘case list’.

2. You can search for and view applications you have issued and create new applications.

3. All applications will be issued by the Courts and Tribunals Service Centre (CTSC) in Stoke.

4. You will need to make sure you are in the correct case type for all new law divorce and dissolution by choosing ‘New Law case’.

4. Search for a case

1. You can filter the list of cases that are shown on the case list, using the filter options on the left-hand side.

2. There is also a search function at the top right-hand side of the screen.

3. Within the search screen, you can type in details of a specific case such as the divorce case number, party names and solicitor reference to find a specific case.

4. When searching for a case reference number it must be in this format: -123456789101112 you can include the hyphen (-) or put it in without but there must be no spaces at the end of the reference number.

5. In new divorce law, the 16-digit reference number will be the only case number used from the start of the case to the end of the case.

5. Create a case

Select the ‘Create case’ tab.

1. Choose:

• Jurisdiction – Family Divorce
• Case type – New Law Case
• Event – Apply: divorce or dissolution

2. Select ‘Start’.

3. Choose if your application is a divorce or dissolution. Then select ‘Joint Application’ and ‘Continue’.

6. Solicitor and organisation details

1. As an applicant’s solicitor, you will be asked to input details and confirm the name and address of your firm.

2. Include your reference number to help you to search for cases on the case list.

3. Provide an email address. If you select ‘yes’ to ‘future communications’, you will be sent all future correspondence by mail rather than by post.

4. You can search for your organisation in the search field. If you have registered with MyHMCTS, your firm should be listed. Only one address per firm can be saved.

5. Search for your firm and select the correct office from the drop down list. Use the search hints and tips.

6. If you have selected the wrong firm, choose ‘Clear’ to be able to search again.

If you do not select an organisation at this point, you will be shown an error message when you try and submit the case at the end of the journey.

Search hints and tips

1. Avoid including ‘solicitors’, ‘ltd’ or ‘chambers’ as part of searching for the firm name. This will bring up a long list of firms to try and search through making it more difficult.

2. Where possible, use a unique part of the firms name to narrow down the available results.

3. If you type in your firms full name, the search may not bring up your firm. Try using the first word or name and then search through the matched results.

4. Use the browser’s Find function (‘Ctrl’ + ‘F’) to locate the firm when there is a large list of results.

5. Search for the firm by the address or postcode. When using the postcode, do not leave a space, for example for, ‘DE1 2MO’, type : ‘DE12MO’.

6. Make sure you are using the firm’s postcode as registered on MyHMCTS (some firms have multiple branches)

By selecting your organisation, you be able to ‘share a case’ with your organisational colleagues.

7. Statement of irretrievable breakdown

1. Select ‘Yes’ or ‘No’ when asked ‘Has the applicant’s marriage broken down irretrievably’?

You can only continue with the divorce or dissolution if you answer ‘Yes’.

8. About applicant 1

You are asked to provide applicant 1’s details. Some of these questions are optional but you should provide as much detail as you can.

1. Provide their full name, including any middle names.

2. If they have had a name change, choose the evidence that will be provided, for example a deed poll certificate.

3. The question asking who the is applicant divorcing, is asking whether applicant 2 is the husband or wife of the applicant and not who you are representing (applicant 1).

4. You must provide the applicant’s email address.

5. The applicant’s phone number is optional but you should provide this if you can.

6. Search for the applicant’s home address using their postcode.

7. If the address is not found or the address is overseas, you can select ‘I can’t enter a UK postcode’ which allows you to manually complete the address.

8. You will be asked if their contact details should be kept private. If you choose to keep them private you do not need to file a C8. A confidential applicant tab will be created in the case record.

9. The section to request solicitor service is included in the statement of truth section of the application.

9. About applicant 2

1. Give the full name of applicant 2.

2. If their name is different to what is on the certificate, state why.

3. Select ‘No’ to the question about whether applicant 2 is represented by a solicitor.

4. Provide the applicant’s postal address.

Both parties must have email addresses to use this service – otherwise you will need to apply on paper.

5. Search for their home address using their postcode.

6. If the address is not found or the address is overseas, you can select ‘I can’t enter a UK postcode’ which allows you to manually complete the address.

10. Marriage certificate or civil partnership details

Provide details from the applicant’s marriage or civil partnership certificate:

• marriage date or civil partnership date
• applicant 1’s full name as it appears on the marriage or civil partnership certificate
• applicant 2’s full name as it appears on the marriage or civil partnership certificate
• whether the marriage or civil partnership took place within the UK – if it did not, you will need to provide country and place of marriage or civil partnership

11. Legal connections

As this is a joint application, you must choose both applicants’ legal connections to the UK. Applicant 2 is not asked this question but is shown your answers and can choose to disagree and ask you to amend the jurisdiction answers.

12. Other legal proceedings

1. Select whether there are any existing or previous court proceedings relating to the divorce or dissolution.

2. Selecting ‘Yes’ will give you a free text box to provide as much information as possible, for example reference numbers and if the case is ongoing or finalised.

13. Financial order for applicant 1

1. If applicant 1 wants to apply for a financial order, you should state whether this is for the applicant and/or the children.

2. If the applicant wants to claim costs you will need to apply using a D11 application. Follow alternative service and general order guidance.

14. Upload your documents

You should upload an image of the marriage or civil partnership certificate (you do not have to provide the original but this should be retained as it can be requested by a judge or legal adviser at any point). Make sure all 4 corners of the certificate can be seen in the image.

You can upload other supporting documents such as:

• a certified translation of a non-English certificate
• a change of name deed
• any other supporting documentation referred to within the divorce application

1. Select the documentation you are going to upload, for example the marriage certificate.

2. Enter the details and select continue.

3. Select ‘Add new’ to upload the marriage certificate.

4. Upload as many additional documents as you like.

5. Keep the file size as small as possible (maximum 500mb).

6. Make sure the file names specify what the document is, for example ‘marriage certificate’.

Uploading documents is optional and you can submit the application without uploading the marriage certificate, however this will cause delays to the divorce or dissolution being issued as the court will email to request you email or post this to them. You may need to provide supporting evidence for the reason why you have not included the marriage certificate, in a covering letter.

15. Before you save the application and invite applicant 2

1. Before you save the application, you can create a draft application to save and send to your client for review, if needed.

2. At the end of the ‘Check your answers’ you can select ‘Save Application’.

3. If you wish to change any of the answers you can select ‘Change’ at the end of any answer.

4. Once you have saved the application, you will see the case number.

5. In the history screen, the case will be in a draft state.

6. You can share the case with other solicitors in your firm.

7. Find your draft application in the documents tab. You can download this and send it to your client before inviting applicant 2.

16. Inviting applicant 2

In the ‘Next step’ drop down menu you have 3 options:

• Amend divorce application – if you need to make any changes to the application before sending it to applicant 2
• Update applicant contact information – if you want to change the contact information for applicant 1
• Invite applicant 2

1. Choose ‘Invite applicant 2’ and select ‘Go’.

2. Choose ‘Save and continue’.

A banner will appear at the top of the screen stating that the case has ‘been updated with the event: Invite Applicant 2’.

The ‘End state’ on the history screen will show as awaiting applicant 2 response.

You can see the steps applicant 2 must now take to progress the case.

17. Amend the application

Applicant 2 may ask for amendments. Once they have completed their steps, you can continue.

1. Sign into your account and go to the case history screen.

2. It will show as applicant 2 requesting changes.

3. In the ‘Next step’ drop down you have 3 options.

• Amend divorce application – to make the amendments to the application based on applicant 2’s response
• Resubmit applicant 1 answers – this will take you to a save and continue screen to resubmit the answers without any changes at all
• Update applicant contact info – to change just the contact information for applicant 1

4. When you select ‘amend divorce application’ you will be taken through the application again page by page with all of the answers pre-populated. As an example, applicant 2 may have stated that the date of marriage was incorrect. If you agree then you can amend the marriage date.

5. If applicant 2 has changed the address details or their name, this will show when you amend the application.

6. Once you have amended the application you can check your answers.

7. If you wish to make anymore changes you can select ‘change’.

8. If you are happy with your changes select ‘Save and continue’.

9. On the history screen it will have ‘Amend divorce application’ in the event and the ‘End state’ will be ‘Awaiting applicant 1 response’.

10. The document in the documents tab will have changed to reflect the amendments that were made.

11. From the ‘Next step’ drop down, select ‘Resubmit applicant 1 answers’.

12. Confirm you want to resubmit applicant 1 answers.

13. From the history screen the ‘Resubmit applicant 1 answers’ will be showing and the ‘End state’ will be ‘Awaiting applicant 2 response’.

14. The amended application will be sent to applicant 2. They will receive an email notification to tell them that the updated application has been sent to them to review.

You can see the steps applicant 2 must now take to progress the case.

15. As soon as applicant 2 has agreed that everything is correct, you can submit the application in full.

18. Submit the application

1. If applicant 2 has approved the application the history screen will show ‘Applicant 2 approved’.

2. From the ‘Next steps’ drop down, select ‘Sign and submit’.

Statement of truth and reconciliation

1. If the case is urgent, select ‘Yes’ and enter supporting information in the text box to help the court understand why the case is urgent.

2. You should complete all other fields on this page.

3. When complete select ‘Continue’.

In high profile cases that may have media interest, or where one or both of the parties are public figures, you can ask for it to be designated as a ‘lock and key’ case. This means access to the case will be restricted to a limited number of court staff, selected by a team leader. You must not request this in cases that are not high profile or do not involve public figures.

1. Select the case as urgent and state that it is a lock and key case in the supporting information box.

2. Upload any supporting letters or statements about the lock and key status when uploading the marriage certificate.

Payment

1. Confirm your payment type to cover the court fee for making the application.

2. This can be through solicitor fee account (PBA), or an online Help with Fees (HWF) reference number.

3. If you are applying for HWF, you are asked to provide the HWF reference number for both applicants. Both need to be eligible to apply for HWF on a joint application.

Payment by PBA

1. If you choose to pay through PBA, there will be no need to enter your PBA account number as this is automatically looked up and linked to your organisation.

2. If your organisation has more than one PBA account number, these will all be made available for you to choose from using the 2 arrow drop down option.

3. Enter your payment reference. This will appear on your statement to help you to clarify the payment. Slect ‘Continue’.

If there is an issue taking the payment from the PBA, for example, if there are not sufficient funds available, then this will be displayed as an error message. You will be unable to proceed to the next page.

4. You will see the order summary. Select ‘Continue’.

5. If your PBA payment is successful this is deducted from the account immediately and the case moves into the state ‘submitted’ state.

Sign and submit

1. Check all of the answers provided.

2. If you wish to change anything select ‘Change’ at the end of any answer.

3. If everything is correct, you can select ‘Submit Application’.

4. Once you have submitted a banner will appear at the top that says case has been updated with event sign and submit. The history screen is also updated. The case has now been submitted to the court.

Applicant 2 will receive a notification to tell them the joint application for divorce has been paid for and submitted.

19. After submission

Once the case is issued by the court they will be sent a link to confirm receipt of the issued application. Once receipt is confirmed the case will remain in a holding state for 20 weeks from the issue date.

After 20 weeks they will get a notification to invite them to make an application for a conditional order. The application for conditional order will be covered in separate guidance.

20. Get help with MyHMCTS

Managing cases and case access in MyHMCTS

If you need support with case details or with managing a case in MyHMCTS, contact the court and tribunal service centre (CTSC):

Webchat
Telephone: 0300 303 0642
Monday to Friday, 10am to 6pm
Closed on bank holidays
Online form

Find guidance for case administration tasks in MyHMCTS

Accessing your MyHMCTS account

If you are having trouble accessing MyHMCTS, make sure you are using the correct link. To manage a case, you must use https://manage-case.platform.hmcts.net.

You should also make sure you:

• check your internet browser is up to date – we recommend you use Google Chrome or Microsoft Edge (you cannot use Internet Explorer or Apple Safari)
• clear your cookies and your cache
• check your firewall and security settings

We recommend that you bookmark or favourite MyHMCTS in your internet browser. You should only create the bookmark or favourite once you have signed in and are on the homepage. Do not create it from the sign in or verification pages, or while you have a case or organisation open.

If you are still having trouble accessing MyHMCTS, try using a different device to sign in.

If you have an IT support team, they will be able to help with any device, browser and security issues.

If you have an issue with your MyHMCTS account, you should contact an account administrator in your organisation.

If you need additional support with your MyHMCTS account, email MyHMCTSsupport@justice.gov.uk. We aim to respond within 5 working days.