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Decree Absolute as a respondent - D11 form

  • topmanbottom
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01 Jul 2018 18:45 #502544 by topmanbottom
Topic posted by topmanbottom
Hi,

I had applied for Decree Absolute as a respondent but sent only D36 form. Court has sent my application back to me and asked to send it again along with D11 form.

Please We still have no progress made on our financial settlement. Please can someone help me with following questions in D11 form?

Regarding Q3: What order are you asking the court to make and why?

I guess here I will say that I want Decree Nisi to be made absolute and give my reasons onto why I am asking for this as a respondent?

Also, what draft copy of the order I need to attach? is this Decree Nisi?

Regarding Q4. I have no problem Judge making an order and then giving my ex 7 days. Form asks, are there any reasons why this application should not be dealt with on paper by a judge?

Should I mark the answer as "No" or "Yes".

Regarding Q10: What information you will be relying on?
There are 4 options:
* The attached statement.
* the divorce/dissolution/nullity separation order
* the affidavit in support of the divorce/dissolution/nullity separation
* the evidence set out in the box below:

Again, I am not sure what do I need to do for this question.

Please can someone help.

  • BoBnOhOpE
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01 Jul 2018 21:29 #502548 by BoBnOhOpE
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Hi. No advice sorry but wish to follow this post as in similar position I’m the respondent wanting to apply for the absolute even though we haven’t agreed finances and wasn’t sure what form to use. Can I ask please how much have you had to pay for the absolute as respondent. I know for the petitioner it’s part of the cost they’ve paid for the divorce which I did pay half of but assume that doesn’t count. It’ll be good to see what your advised so I know the correct process to follow.

Bob

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02 Jul 2018 09:32 #502557 by topmanbottom
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I have been to told to pay £155 as fees.

Still looking for answers, anyone ?

Regards

  • .Sylvia
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02 Jul 2018 10:02 #502558 by .Sylvia
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As respondent, to apply for the Absolute- submit Form D36 and Form D11, along with a Court Fee of £155.

The Court will list a short court hearing which both parties are required to attend. The Judge will require two questions to be answered:

Why has the petitioner not made application?

Is there a reason why the absolute should not be granted?

The Petitioner can prevent the Respondent from successfully obtaining the Absolute if the petitioner can show that by doing so it would create financial difficulties where a final financial order has not been granted by court.


Is there an urgent need for you to obtain the Absolute, ie you are planning on remarrying? If not, then my advice would be to wait until the finances are fully resolved, after which in all probability the petitioner will apply for Absolute.

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03 Jan 2021 22:07 #515228 by Srossees
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Hello, can I ask if you got this sorted? I'm finding the D11 form v confusing

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