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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Hi,My wife and I are wishing to withdraw the Divorce Petition

Resolved Question:

Hi,

My wife and I are wishing to withdraw the Divorce Petition I served in January and to try a full reconciliation.

I have spoken to PRFD and been told to use form D11. However, I am unsure how to complete questions and CAB are unable to help me. The questions are:

3 What order are you asking the Court to make? My response is "To withdraw Divorce Petition, case no:....................., a copy of which is attached"

9 Who should be served with this application? I understand my wife will need to be a joint signatory to the form as it will in effect be an application with the consent of both parties .

10 What information will you be relying on? Presumably I will tick the box "the divorce/dissolution/nullity/(judicial) separation box? "

Finally, if my wife has to sign the form in consent there does not seem to be a box for this.

Peter
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

In the top right box, which is marked "to be completed by the relevant party", fill in the boxes with the name of the court, the case number, the name of the petitioner (your name) , the respondent's name (your wife's name), name of co-respondent if there is one, and that person was named on your petition, and fee (which I think is £50 - but check with the court office.

Then fill in the questions as follows:-

Q1 - your full name

Q2 - tick petitioner

Q3 - An order dismissing the petition in this matter

Q4 - tick no

Q5 - tick no

Q6 - 5 minutes

is this time estimate agreed by all parties? tick yes

Q7 - n/a

Q8 - tick no

Q9 - The respondent (full name) ( full address)

Q10 - tick "the evidence set out in the box below" (because you now must give the evidence in support of THIS application, whereas what you put in your peitition was evidence in support of your petition to have your marriage dissolved)

In that box, put
"I no longer wish to proceed with my divorce, as my wife and I have agreed to try a full reconciliation"

Statement of Truth

delete the words [the applicant believes] and the line "I am duly authorised by the Applicant to sign this statement".

Sign in the box. Add the date to the right of your signature.

Print your full name underneath.

Box 11 - sign again in the box, and date again.

underneath your signature, delete the words " ('s Solicitor)('s litigation friend)

position or office held - n/a

Applicant's address to which documents about this application should be sent - fill in your full address & post code. Put your email address in the box beneath. Add your telephone number in the box to the right.

Keep a copy of your application for your own records, then take the original plus two copies to the court office with the court fee.

The court will send a sealed copy to your wife

Then - ask your wife to write to the court as follows:

Her name and address at the top right hand corner of paper

Underneath that, on the left side of the paper, the court's name and address

Then underneath that, the date

Dear Sirs

The heading for the letter is:
(your full name) and (her full name) eg Mr Joe Bloggs and Mrs Jane Bloggs
Case no: XXD1400099

I am the respondent in the above matter. The petitioner is my husband.

I write to confirm my consent to my husband's application to have the petition in this case dismissed by the court, as my husband and I have agreed to try a full reconciliation.

Yours faithfully

signature

Her full name

It's very important that your wife signs and dates the letter.

There won't be any actual hearing.

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

Expert:  UKfamsol replied 3 years ago.

Hello again.

 

I see that you have looked at my answer but not accepted it.

Is there anything in your question that you feel I have not answered? or anything in my answer that you would like further clarified? Let me know - I'll do my best!

UKfamsol and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

HI,


 


Many thanks for your answer which seems fine. My wife has a very tricky Lawyer and she intends to float the drafted form before her on Monday. I may need to ask you a follow up question so if I could keep this line open for a couple of days that would be helpful.


 


Have a nice weekend


 


Peter

Expert:  UKfamsol replied 3 years ago.
Thanks so much for keeping me informed!

I'd be happy to answer a follow-up question.

best wishes....
Expert:  UKfamsol replied 3 years ago.
So - what was the outcome of your wife's discussion with her solicitor?