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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have received a D10 form as a result of divorce petition

Customer Question

I have received a D10 form as a result of divorce petition filed by my spouse. I need to send the acknowledgement of service to the court. I do not want to defend the divorce; however, I am not agree with some of the allegations made by my spouse in the petition.I need help to answers the questions asked in this form. Need help to answer Question 1C & Question 5 in particular.
I would like to draft a clean break order and would like to know the process for it.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Whom should I send the consent letter?
Expert:  Clare replied 1 year ago.

HI

Thank you for your question

My name is ***** ***** I shall do my best to help you

has your ex claimed costs?

Clare

Customer: replied 1 year ago.
I think No. I don't know exactly whether she has claimed or not? where should i check for it? In the petition, in the part 10 (Prayer) section 3 - Financial order, she ticked all the options.
Customer: replied 1 year ago.
Also There is a speling mistake in my name on the petition. The name written is "GHANSHYAMBAHI PAREKH" where as my actual name is "GHANSHYAMBHAI PAREKH". How can I mention this in the form?
Customer: replied 1 year ago.
She hasn't mention about adultry in her petition so what should be my answer to the question 5?
Expert:  Clare replied 1 year ago.

How was your name spelt on the marriage certificate?

Customer: replied 1 year ago.
on the marriage certificate my name spelt as "GHANSHYAMBHAI ******"
Customer: replied 1 year ago.
I am married since August 2008.
Expert:  Clare replied 1 year ago.

Look at Part 10 (2) - are any boxes ticked?

Customer: replied 1 year ago.
No, none of the boxes were ticked in part 10(2).
Expert:  Clare replied 1 year ago.

Right so no claim for costs

The answer to 1C is yes - assuming that one of you is resident here in the Uk

Question 5 - the answer is "I do not admit to the alleged behaviour but I will not be defending the Petition"

Send it to the court with a letter pointing out the mistake in your name

I hope that this is of assistance - please ask if you need further details

Clate

Customer: replied 1 year ago.
What about the consent order for clean financial break? Could you please provide the detail content for it and whom should I send it?
Expert:  Clare replied 1 year ago.

That is something that has to be agreed between you - using Family mediation if necessary

www.familymediationhelpline.co.uk

Once the terms are agreed you can get a local solicitor to draft it

Clare

Customer: replied 1 year ago.
That means I can't request her or her solicitor or court for clean financial break by using consent order?
Expert:  Clare replied 1 year ago.

You can write to her solicitor and ask if she will agree to one - if she refuses to start with you can approach a FamilY mediator and attend a Mediation information

and Assessment Meeting, and if that doe snot succeed you can make an applictaion to the Court for the Judge to decide the matter

Customer: replied 1 year ago.
What should write to her solicitor? Could you please provide me the draft for it? Do I need to write to her solicitor before sending acknowledgement to court? Should I write to her on a plain paper only and send it by post?
Customer: replied 1 year ago.
If I put "yes" only for question 1C, does that mean I'm agree on all the allegations she made on me?
Expert:  Clare replied 1 year ago.

The Financial Settlement is not linked to the Divorce itself and there is no need to delay sending in the Acknowledgement of Service

Question 1C is NOT related to the allegations at all - it is about whether the UK is the right country for the proceedings to be issued in.

In view of the language problem I suggest that you contact a Family Mediator to try and deal with the financial matters

Customer: replied 1 year ago.
Well question 1C is as below:
"Do you agree with the statement of the petitioner as to the grounds of jurisdiction set out in the petition? if not, please state the grounds on which you disagree with the statement of the petitioner."Would you please advice what should write as I do not intend to defend the divorce but I am disagree with some of the allegations made by petitioner.
Expert:  Clare replied 1 year ago.

That question is NOT about the allegations - it is about whether or not the Court is the right court for a divorce to take place in - which it is

You are dealing with your position on the actual allegations in question 5 where you are going to say

I do not admit to the alleged behaviour but I will not be defending the Petition"

Customer: replied 1 year ago.
Thanks Clare for clarifying this. For spelling mistake in my name in the petition, do i need to write down in a separate sheet and in a specific format? Please advise the format to mention this properly.
Expert:  Clare replied 1 year ago.

Simply write a letter to the court and point the mistake out

Expert:  Clare replied 1 year ago.
I am sorry that you feel my service was bad meaning that I get no credit for my time and which is not necessary and does not trigger a refund
I am not sure what further information you needed - but remain willing to assist if I can
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare I have submitted the form before 5 weeks but still haven't got Decree Nisi notification. What should I do to know the status of the Decree nisi?
Expert:  Clare replied 1 year ago.

It is up to your ex to take the next step - you should phone the court and ask if the Decree Nisi has yet been applied for

Customer: replied 1 year ago.
Hi Clare, I have phoned the court and checked if the Decree Nisi has yet been applied for. At present they are having 4 weeks backlog so not able to provide me the latest updated information. It's been more then 6 weeks now since I have submitted the acknowledgement of service(D10) form. What are my options now if my Ex have still not applied for Decree Nisi?
Expert:  Clare replied 1 year ago.

It is still too early to take action - you will need to wait for at least three months before the court will agree that your ex is dragging her feet

Customer: replied 10 months ago.
Hi Clare, Hope you are well. Thank for your precious advise. I received the DECREE NISI on 4th of Feb 2016. It's been a 4 months since but still my ex is not applying for DECREE Absolute. As she has applied for Divorce, she as a petitioner should apply for Decree Absolute. What should I do now? What could be the issue here?
Expert:  Clare replied 10 months ago.

Remind me - have the financial issues been resolved?

Customer: replied 10 months ago.
No. In fact neither me nor she has raised the financial mater.
Expert:  Clare replied 10 months ago.

Your ex could have applied for the Decree Nisi six weeks and on day after 4th Feb - so on 17th March.

You can apply for it three months after that

Since that time is up you can apply on a D11 and pay the fee of £155

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/d11-eng.pdf

A hearing date will be set.

Your ex may claim that there should be a delay until the finances are resolved - but at least there will be some movement

Please ask if you need further details

Customer: replied 10 months ago.
Thanks for the answer. That is very helpful.Do I need a solicitor to do this process? if it is just a simple process of applying for Decree Absolute, can i do it by my self?Should I try to contact my Ex before applying for Decree Absolute to convince her to apply from her side instead?What if she ask for the delay to sort out the finances in the court?
Expert:  Clare replied 10 months ago.

You can deal with the form yourself and you do not need to contact your ex before you do it.

If she does attend the court hearing and ask for a delay then you will need to negotiate the financial settlement before applying again

Customer: replied 10 months ago.
Will there be any issue in case if I try to contact her via email or text message to know the exact reason for delay before applying for Decree Absolute to the court?She hasn't started or indicated anything to me regarding the financial order yet. Do you think this will be the case for delaying?Do you think if she ask court to delay based on financial settlement on the day of hearing, court will still hear her plea and delay the Decree Absolute? I mean she already took a lot of time and hasn't started anything regarding Financial settlement and then suddenly if she ask court to delay. Will court still be agreed to her?What are my the chances of getting the Decree Absolute if I apply from my side?
Expert:  Clare replied 10 months ago.

It is up to you whether you contact her or not

If she attends the hearing and asks for a delay then the matter will be adjourned for say three months to give her a chance to apply for the financial issues to be dealt with. If she does not do that then the Decree Absolute will be granted then.

Customer: replied 10 months ago.
Hi Clare, many thanks for your advice. I have now decided to apply for Decree Absolute. Could you please let me know the exact procedure step by step.
Expert:  Clare replied 10 months ago.

You complete this form

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/d11-eng.pdf

You are asking for

"1. The Decree Nisi granted to the Petitioner on xxxx to be made absolute"

You send that plus two copies and the fee of £155 to the court

Customer: replied 9 months ago.
Hi Clare, Before I apply for Decree absolute, her solicitor has sent me the letter as attached. I already have written back to her that I am ready to return the things mentioned in the letter. Please see the attached 2 images for the content of the letter.
Please advise which thing I need to take care here while returning the things.
Does this process means I am going to have clean break up with finances sorted out with the divorce? OR do i need to ask her solicitor to provide me the clean break up certificate here?
Expert:  Clare replied 9 months ago.

I would suggest that you write back and say that you will indeed sign a letter id they prepare it - and at the same time you would like there to be a Clean Break Consent Order dealing with all the finances

Customer: replied 9 months ago.
Thanks. What is the procedure for the Clean Break Consent Order?
Expert:  Clare replied 9 months ago.

They prepare an Order - you approve and sign it.

Both parties complete a form D81 - and the Forms and the Order are sent to the court for sealing

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