A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Deemed Service - what documents?

  • SilverFir
  • SilverFir's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 Jul 12 #345145 by SilverFir
Topic started by SilverFir
Please, no debates about whether this is the right action to takeB)

What documents are needed to ask the judge to Deem Service of a divorce petition?

I have the form D11 and the evidence that STBX has received the document, but I''m wondering whether anything else is needed. Question 3 of form D11 says "Please attach a draft copy of the order you are applying for". What am I meant to attach for that?

Thanks wikifolks!

Actually, reading around, do I even need to go for Deemed Service? The court has evidence that he received my Petition (they''ve received a non-sensical response from his solicitor which they''ve rejected). Could I go straight to Directions instead and, if so, how do I do this? Is it just the standard forms plus an affidavit explaining my reasons why?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
24 Jul 12 #345147 by dukey
Reply from dukey
There are many roads that lead to the same destination, call the court and ask their advice, some will allow direction for trial along with proof that your ex had the Petition but refuses to act, others will require proof of service, affidavits and D11, with luck they will accept D84 along with whatever proof you have, what''s to lose eh.

  • SilverFir
  • SilverFir's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 Jul 12 #345149 by SilverFir
Reply from SilverFir
Thanks dukey. I called the court earlier, which was when I found out about the ''non-response''. I mentioned Deemed Service to them and they suggested I apply. But they weren''t really forthcoming with advice, didn''t say "Oh you won''t need that now".

Do you reckon I should go for D84 Directions first on the off-chance that a judge might accept without a deemed service order? D84 doesn''t cost me anything, does it ...

[Gosh, I wish I was as clever as some of you folks and so could offer advice on a forum. Alas my area of expertise is restricted to low-level Excel formulae and applying for disability benefits for children!]

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
24 Jul 12 #345150 by dukey
Reply from dukey
Directions for trial costs nothing D11 does

Whatever you have that proves she is aware your asking for a divorce staple to the back of D84, it costs nothing to try, worst case you need to go through the whole process server lark, but let''s cross that bridge if and when it happens.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
24 Jul 12 #345153 by dukey
Reply from dukey
Just one thing Excel, that sounds computer stuff?, I can barely work out the settings on the toaster, never mind computer stuff! I use the time honoured method of asking a teenager, and yes there will be a couple of people who read this all very smug thinking I taught him to to do this and that, don''t flatter yourself, after all the nodding and me saying oh yeah got that, well let''s just say I called someone who speaks English and got them to explain ;)

  • SilverFir
  • SilverFir's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 Jul 12 #345157 by SilverFir
Reply from SilverFir
LOL ... yes, Excel as in spreadsheets. I spend my day juggling spreadsheets and Oracle databases. Bit of a geek really.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
24 Jul 12 #345163 by dukey
Reply from dukey
It''s a kind offer and maybe a member will benefit from your knowledge, consider me a lost cause though :)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11