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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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 was looking for information on how to complete a D11 to

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Hi, I was looking for information on how to complete a D11 to withdraw a divorce application and I think one of the previous responses covers everything. I have made the mistake of submitting an application with the original marriage certificate without getting a certified copy of it. in the meantime we want to sort out our financial order etc and will need the marriage certificate to do transfer of deeds on two properties. I spoke to the divorce centre today who confirmed that you can actually use the D11 to request the return of the marriage certificate but it cannot be guaranteed to be granted so I think my only option is to withdraw the application to get the certificate back, resolve all the financial issues and then apply for the divorce again unless you have any other solutions?
Assistant: I am Pearl, the Family Solicitor's Assistant.
Customer: Hi Pearl
Assistant: Where are you located? It matters because laws vary by location.
Customer: London
Assistant: Has anything been filed or reported?
Customer: I have made the divorce application and have a case number
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I don't think so, thank you.

My name is Clare

I shall do my best to help you but I need some further information first

May I ask why you wish to withdraw the Petition?

Customer: replied 10 months ago.
Hi Clare
We have been separated for 8 years and own two properties. I saw a solicitor about applying for the divorce and explained that we had come to an amicable agreement with regards ***** ***** splitting of the properties and a financial settlement to make it an equal split. I then made the divorce application and included the original marriage certificate. I have since found out that we need to transfer the deeds of the properties whilst still married to try and reduce the amount of Capital Gains Tax that may be payable on the second property. To do this we will need the original marriage certificate as one of the properties is still held in my maiden name. We got married abroad so it would not be easy to get a copy from the country of origin. I think that the only way is for me to withdraw the divorce application in full, resolve the financial issues and then re-apply. Can this be done and if so, what to I put on the D11?

A Certified copy of the Certificate would be acceptable - and can be obtained from the Court - is this a preferable option?

Customer: replied 10 months ago.
Unfortunately not as we got married abroad and did not register the certificate here in the UK.
I am definitely going to withdraw the application so just need some advice on how to complete the D11 please.

There is no mechanism for Registering the marriage in the UK.

However the Court which currently holds the certificate will supply you with a certified copy for about £10 if you request it - saving you £550 lost petition fee and the £50 consent order fee.

If you do not wish to do this then on the D11 you say that you are asking for

1. The Petition to be dismissed

2. The marriage certificate to be returned

3. No order for costs.

If you get your spouse to counter sign it then the Order can be made by consent

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

Clare and other Family Law Specialists are ready to help you