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D11 Form for Deemed service

  • beatkaNH
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24 Feb 16 #474630 by beatkaNH
Topic started by beatkaNH
Hi,
I have started divorce processunder unreasonable behaviour (mostly about him being aggressive and drugs addicted).He (told me) has returned he form acknowledge of service saying that he doesn’t agree. I phoned the court then and they have told me that he hasn’t filled it up correctly and they send it back to him. My ex told me that he is not going to correct it and not going to respond to the court. I have asked court to send me copy of all correspondence between him and the court. They send they will send it to me but as he hasn’t filled it up properly, I will have to fill up D11 and send it with the paper work which they send.
I am confused with Q3 and Q10 can you tell me what should I write for those questions in my situation.

Q3. What order are you asking the court to make and why? Please attach a draft copy of the order you are applying for. ( What is meant by the draft copy of the order?).

Q10. 10. What information will you be relying on?
* the attached statement.
* the divorce
/
dissolution
/
nullity
/
(judicial) separation Petition.
* the affidavit in support of the divorce
/
dissolution
/
nullity
/
(judicial) separation.
* the evidence set out in the box below:

Can anyone help with it please?

  • Reah86
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24 Feb 16 #474633 by Reah86
Reply from Reah86
Hi there,

If the courts have asked for D11 to be completed for deemed service then in question 3 box you should write what you are asking for and why. Such as ''Request for deemed service as respondent has sent AoS incorrectly completed and is refusing to correct it'' or something like that.
You would be better off with professional legal advice on how to fill it out but that''s similiar to how I did mine when I had to fill it out for substituted service and I''m doing it all myself.

For Q10 I only had the evidence in the box but you could possibly use the AoS as evidence and any other documents the court gives you, possibly the first option and a statement in support of divorce but I''m not quite sure, sorry can''t be of much help with this.

It''s harder to find information on the D11 form and the many ways to complete it as this form is used in substituted service as well as other ways.
Good luck in getting it completed :)

  • beatkaNH
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24 Feb 16 #474634 by beatkaNH
Reply from beatkaNH
Thanks a lot for your reply. That is really helpful.
It is quite difficult to find any info about filling up D11, plus English isn''t my first language.
I can''t really afford legal advice, so for now I try to do as much as possible myself.

So for Q10,
Do you think that the copy of Petition (where I described him being a drug abuser and aggressive person) and correspondence between him and court should be enough? Plus a statement.
What should I write on the statement in support?

Thanks for your advice, it''s so annoying when ex doesn''t want to cooperate just to be mean.

  • Reah86
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24 Feb 16 #474635 by Reah86
Reply from Reah86
Maybe you could contact your local CAB (Citizens Advice Bureau) and they could give you further information and also help you in your first language so you may understand what you should write and do.
Those items for Q10 could be enough, it gives evidence of his response and his having sent the AoS back. In the statement you could say what has happened, his response to your and the courts request to amend and correct the AoS forms, why you feel this step needs to be taken in order to get the divorce moved forward and also maybe to mention the courts have actually advised you to go through this stage with requesting an order for deemed service. Don''t take my advice as pro advice, it''s only suggestions on what I would possibly do in your situation. There is a fee for this too which you will need to complete, I think it''s around £50 but I''m not entirely sure.
I understand how you feel, my STBX doesn''t want to co-operate much either and he''s also abroad in another country which makes the process even slower and frustrating, but you are not alone, there are others out there going through the same or similar stuff so keep positive as much as you can.

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24 Feb 16 #474636 by beatkaNH
Reply from beatkaNH
Thanks a lot.
The fee is £50.
I will try to go this route and do it myself first.
Thanks for your advice you are a star! :)

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24 Feb 16 #474645 by Reah86
Reply from Reah86
You''re welcome.
I hope you get things sorted and the forms accepted.
I can''t guide you on exactly what you should do though or how you should go about it so don''t follow my advice to the letter, get some further research and opinions from professionals.
I''m not qualified in this field in any way and it is hard for cases that start off as easy DIY divorces then end up getting messy due to other person involved not being civil or agreeing to get it completed...

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17 Mar 16 #475630 by beatkaNH
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After sending D11 for deemed service to the court I have received a short letter from court saying.

"Before Deputy Judge X sitting at (court address) on 2nd March 2016

EX PARTE

IT IS ORDERED THAT
1. Petition deemed served ob Respondent on 3rd December 2015. "

That''s it. Does anyone know what should I do now then?

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