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

01202 805020

Lines open: Monday to Friday 9am-5pm
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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Financial Application and D11 form

  • Cantsleep22
  • Cantsleep22's Avatar Posted by
  • Junior Member
  • Junior Member
More
12 Mar 20 #511752 by Cantsleep22
Topic started by Cantsleep22
I have a financial application underway and need to apply for a D11 as my ex isn't keeping up his promise of paying half the mortgage and so we are in arrears.

I have emailed his solicitor in the first instance to get a response on whether he will clear the arrears and continue to pay his half while the financial application goes through. His solicitor says he wont deal with me as I already have a solicitor instructed for the divorce petition. I am doing the financial application myself to save costs and it is a separate application to the divorce. I have explained this to him but is this correct? I have called the Wiki helpline and the lady explained that what I was saying is correct, I can self represent with the financial application side and have contact with him. Is his solicitor just trying to pull a fast one?

On the D11 form it is asking the following which I am not sure of:

1) Petitioner or Applicant. Which am i?

2) What order are you asking . Maintenance Pending Suit? How do I attach a draft copy of the order, im not sure what this means? Is this the original financial application form A?

3) Who should be served. Would this be the solicitor he has appointed for the divorce?

4) What information are you relying on?
a) Attached statement
b) the divorce petition
c) the affidavit in support of the divorce
d) the evidence set out in the box below

Which of these options do I select?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
13 Mar 20 #511769 by hadenoughnow
Reply from hadenoughnow
If you are intending to represent yourself for the financial aspects of the divorce, you should make sure the court has been notified and formally inform the other side's solicitor that all communication re finances needs to go directly to you. . If you don't, it will be assumed that the solicitor on the court record is dealing with everything and they will be sent letters, court documentation etc.

If he has a solicitor, communications should be routed through them.

Who is living in the FMH? Have you spoken to the mortgage company to see if they can offer any assistance i.e. a mortgage holiday?

If it is a joint mortgage you are jointly and severally liable so if he does not pay you would have to - and vice versa.

If you are applying for maintenance pending suit, you would need to be sure that he has the means to pay. If he is paying rent on another property, he may not have the funds.

Have you already submitted a Form A (application for financial remedy) to the court?

You would need to produce a short statement to explain the position and set out the reasons why he should pay. NB This may be strengthened if there are children whose housing could be jeopardised. You would have to have taken all possible measures to mitigate the situation ie claiming any benefits/child maintenance due to you, maximising your income position in other ways if possible, speaking to the mortgage company as above. You would also need to show that there is reason to believe he can afford to make the payments. NB This is a lot simpler if you are in the court process and have already exchanged financial disclosure.

This should be supported by brief evidence - ie a mortgage letter or similar and anything else that may help.

A rush to court is not always helpful. You need to try other ways to resolve this first.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11