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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.

 

Divorce Help needed asap

  • antony d
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03 Aug 16 #482087 by antony d
Topic started by antony d
I have been separated from my wife now for 11 years. we have both started new families, and i have been trying to get divorced now for the past 5 years. The problem i have is that she(spouse) is refusing to return the divorce petition. So far I have sent her a copy of the Petition, my old solicitors sent her a copy which she threw away. I have also instructed an out of hours Bailiff to serve notice but she refused to answer the door. I then had to put a letter to the Judge to give the Bailiff permission to serve notice through the letter box, which has happened.My spouse confirmed that she had received the Petition but still refused to return it. My case went before the judge and he has sent a letter stating "Petitioner to take next step if so advised: court may not advice of the next procedure".
I need to know what I'm supposed to do now. Does this mean I can now request the Decree Nisi from the judge?

  • rubytuesday
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03 Aug 16 #482088 by rubytuesday
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Welcome to Wikivorce.

How long ago was the Petition served via the bailiff/process server?

  • antony d
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03 Aug 16 #482089 by antony d
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about 4 or 5 weeks ago

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03 Aug 16 #482090 by rubytuesday
Reply from rubytuesday
ok, that's fine. Presumably you have a report from the process server stating that service has taken place?

What grounds have you used in the petition?

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03 Aug 16 #482092 by antony d
Reply from antony d
yes there is a report from the Bailiff stating that the Petition had been posted through the letter box, and i have had a txt message from my ex saying that she had received the Petition. Divorce was on the grounds of a 5 year separation.

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03 Aug 16 #482093 by rubytuesday
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OK, all good so far. You will now need a D11 form, and to apply for Deemed Service; this means that you are asking the court to accept that service has taken place via the process server and that the respondent has received the Petition and Acknowledgement of Service. As the petiton is on 5 years separation, her consent isn't required.

Send off this application along with the written report from the process server to the court; once your application has been accepted by the Judge and you've been notified, you can then move forwards and apply for the Decree Nisi using Forms D84 and D80E; 6 weeks after the date of the Nisi (which will be sent to you in the post) you can then apply for the Decree Absolute using form D36.

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03 Aug 16 #482095 by rubytuesday
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How to complete D11: ( click here for the D11 form )

The whole form must be completed in black ink and in capitals.

The form ask you to enter your name address and case number, you can find your case number on the top right of any letter the court have sent you.

If you asked the court for the divorce you are the applicant; your wife is the respondent.

Use the same court as you sent the divorce application too.
Fee remission ID is for those who have applied to have the court fee to be reduced due to low income.

Box 1 is only completed if you are using a solicitor.

Box 2 you are the Petitioner.

Box 3 Your application for decree Nisi after deemed service, so write, "I respectfully request the honourable Judge grants Decree Nisi after considering the proof of service attached to this application. The respondent failed to reply to the courts postal service dated (insert the date court sent the divorce Petition to the respondent).

See attached JB1

Also in box 3 you are going to write your initials and a number,(see above) so your name is say Joe Bloggs, as you see above, JB1 is your paper evidence; write it at the top of the page of evidence in black ink. So you will have form D11 and stapled to the back of D11 your paper evidence.

Box 4 tick “no”

Box 5 tick “no”

Box 6 leave blank, this is for the judge to decide with this application.

Box 7 mark “N/A”

Box 8 tick “no” all judges can decide the outcome of this application.

Box 9 Give the respondent's full name and address including post code and telephone number if you have one.

Box 10 tick the attached statement, there is no need to tick any others in box 10, the “attached statement” is just the evidence you are using to allow the judge to grant the divorce, which your mark with your initials and staple to the back of the D11 form, if there is more than one piece of paper change the number.

One sheet JB1

Two sheets JB2 ect.

If the Bailiff or server has given you more than one sheet of paper as proof staple them all together and just mark the front sheet JB1.

If you think it will help to add “evidence set out in the box below”, feel free but be short and to the point, eg;
My wife said she would never agree to divorce and would never return any forms from court, she has not acknowledged the court postal service, as such I used the courts personal service by a bailiff/process server who has provided proof of service which is attached.

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