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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 am separated and my ex has had the divorce papers for 3

Customer Question

i am separated and my ex has had the divorce papers for 3 months and is refusing to sign them - as she says she has not had time to look at them...where do i stand?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your further question. In the circumstances you would be able to apply for deemed service as it is clear that she has received the petition. You will need to complete a D11 form, and a statement outlining when and how she has confirmed receipt of the divorce papers and send this to the court with a £50 court fee.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Clare replied 1 year ago.

My name is ***** ***** i have been a Solicitor for more than 30 years

before you attempt deemed service the crucial question is which ground the Petition is based on?

Customer: replied 1 year ago.
its just a straight forward divorce after a 2 year separationbasically i think she is trying to pro long it due to the fact that (i found out only yesterday) that she she forged my signature on the current mortgage deal on our marital home back in dec 14 on a 2 year fixed so i think she is holding out fo that to run out so she doesn't get found out.... ironic ting is that if she had asked me to sign it back then i probably would have done as i wouldn't want to see our son homeless!! but in any case she now isn't helping matters...
Expert:  Clare replied 1 year ago.

Do you have any paperwork in which she explicitly agrees to you issuing a divorce based on the two year separation?

Customer: replied 1 year ago.
what kind of paperwork do you mean? we have talked about it and i have had the papers issued but thats it
Expert:  Clare replied 1 year ago.

Then there is a problem as Deemed Service - or even using a Bailiff will not enable you to go forward.

For this ground the Court needs to see clear consent from her if the divorce is to go ahead.

I suggest that you write to her and give her two weeks to return the paperwork and tell her that if she does not do so then you will amend the Petition to one based on her Unreasonable Behaviour and claim the costs of doing so.

If you do have to take that route you will need to arrange to have the paperwork personally served on her by an Enquiry Agent (costs about £90) and then she can ignore the papers all she likes - the divorce will still go ahead

I hope that this is of assistance

Customer: replied 1 year ago.
hi
thanks for that - does the letter have to come from a solicitor or can i send it from myself?thanks
Expert:  Clare replied 1 year ago.

From you is fine