WHAT IS FORM D89 USED FOR?

Form D89 is used to request the family court bailiff to give (serve) a copy of your court application form to your ex-partner or any other relevant party.

The words ‘to serve’ or ‘serving court papers to your ex-partner’ means they must receive copies of your application form and other relevant court papers that require them to be informed, respond, comply with court directions or attend court. Depending upon the type of court application form you are submitting you can either serve your ex-partner or a relevant party yourself or the family court bailiff will do this for you.

A few examples of where the family court will do this for you are – 

• You can also ask the court bailiff to serve a non-molestation application form FL401 to your ex-partner.
• You can also ask the court bailiff to serve a forced marriage protection application form FL401A.

LINK TO OUR L.I.P HELP GUIDE FOR FORM FL401

LINK TO OUR L.I.P HELP GUIDE FOR FORM FL401A

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D89?

There is no specific government guide for this form at present. 

WHAT IS THE FEE TO SEND FORM D89 TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form D89 to the court is £45.00. 

Please click on the link below for leaflet EX50 for more information.

LINK TO GOVERNMENT LEAFLET EX50 FOR CIVIL AND FAMILY COURT FEES 

Page 7 of form D89 will go over the methods of payment.

• If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form D89 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to write in the box on page 7. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes)

• You can pay by debit or credit card. If you want to pay by phone please tick the box. You should call the court on 0300 303 0642 8am – 6pm Monday – Friday and 8am – 2pm Saturday 10 days after submitting your application form D89 to give payment. You can also ask the court to email you details how to pay by writing your email details in the box provided.
• You can attach a cheque or postal order to your form D89 made payable to HMCTS.

HOW TO COMPLETE FORM D89 AND WHERE TO SEND IT.

• NOTE 1 – If you find there is not enough space on your form D89 to complete your answers then please continue on additional sheets of paper and attach them to your form D89. Please remember to write your full name, date of birth, divorce case number and question/section number on the top of your additional sheets.
• NOTE 2 – The words ‘to serve your ex-partner or other party‘ means they must receive the relevant divorce applications/court papers that require them to be informed, respond, comply with directions or attend court. 
• NOTE 3 – The words to ‘to file at court‘ means submitting a court application form, evidence, statements or any other document to the court. This can be done by post, email or in person. If you are posting something to the court please send by ‘signed for recorded delivery’ so you have proof you sent it in case the court lose your documents. If you are submitting in person either get a receipt from the court or if like my local family court you find your local family court has a drop in box then please record yourself dropping your envelope into the box. Again this is proof you sent it.
• NOTE 4 – You can input your answers on form D89 online and then print a hardcopy. Alternatively you can download and print the form then complete it by black pen. 
• NOTE 5 – Please keep a copy of your application form and all attachments for yourself outside of the ones you send to the court.
• NOTE 6 – With regards to this form D89 the ‘applicant’ is the person who completed and submitted the court form and is trying to serve it. The respondent is the person who it should be given (served) to. 
• Form D89 is 8 pages long.
• On page 1 on the top right hand corner you will be asked to write down your court case number, the name of the applicant and the respondent. 
• Part 1 – will ask you to write the type of case – you can write divorce or child arrangements.
• Part 2 – will ask you to write the full name of the respondent. 
• Part 3 – will ask you for the respondents date of birth.
• Part 4 – will ask you for the respondents phone number.
• Part 5 – will ask you to describe the respondent and attach a recent photo if you can.
• Part 6 – will ask you what is the best time to serve the respondent 
• Part 7 – will ask you for the address where the court bailiff should attempt serving the respondent.
• Part 8 – will ask you to give details of the respondents vehicle if they have one.
• Part 9 – will ask you specific questions about the respondent and any other occupants of the property detailed in part 7. If you answer yes to any of the questions below you will be required to give further details in the box provided on page 4.
  • • Has the respondent ever been violent or been convicted of a violent offence?
    • Has the respondent made any verbal or written threats in relation to this application?
    • Has there been any police involvement with the respondent or other occupants?
    • Has there been any social services involvement with the respondent or other occupants?
    • Are there any dogs or dangerous animals kept at the address given in part 7?
    • Does the respondent have any mental health issues or do they use/abuse drugs or alcohol that may effect their behaviour?
    • Does the respondent have any firearms or firearms convictions?
• On  page 5 you will be required to sign a statement of truth.
• On page 6 you will be asked to write the address where you would like your court paperwork to be sent. If you have a solicitor write their details here. If it is your home address then write your address here. HOWEVER, if you have previously informed the court that would like to keep your contact details confidential from the respondent and have completed a form C8 then please DO NOT write your address here. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C8

• Page 7 will details your methods of payment to pay the fee for this form.    
• Please return your completed and any attachments to the court handling your case or send it to HMCTS Divorce and Dissolution service, PO Box 13226, Harlow, CM20 9UG. 

WHERE CAN YOU FIND FORM D89/DOWNLOAD THIS FORM?

Please click on the link below to access form D89 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D89

WHEN WAS FORM D89 FIRST PUBLISHED AND LAST UPDATED?

Form D89 was first published by the government (HM Courts & Tribunals Service) on 18-05-2022.