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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35301
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 asked a question in April about completing a few questions

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I asked a question in April about completing a few questions on a D10 divorce form in England, and ukfamilysolictor said at the time "If you have follow-up questions on this same topic, use the reply box below"; the D10 form has now arrived and I have a follow-up question, but there is now no reply box, probably because you have now marked the question as closed; as far as I can see, it is now necessary to start a new question, which is very disappointing. The follow-up question is how to answer D10 question 6 in a situation where the petitioner has not claimed costs. Previously the advice given by ukfamilysolicitor was "Yes, I object to paying the costs of the proceedings" and the grounds were "The petitioner is not seeking costs". That seemed simple and straightforward. Now the D10 form has arrived, the notes in the form say "If such grounds are given, you will be notified of a date on which you must attend before the judge". I suspect this is just poor form design. The petitioner is not seeking costs, so there seems to be no question of paying them, but it is totally inappropriate to have to attend a court just to say that. How are you supposed to complete D10 question 6 in this situation?

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

For clarity - if you are the Respondent then all you need to put is "they are not claimed" and that is the end of the matter - there will be no court attendance required.

.

Customer: replied 2 months ago.
Thankyou; one final follow-up question : this process is very difficult at a stressful time, mostly because people who are expecting a form D10 cannot download one in advance to make sure that they understand it, even though they know they will have a very short time to send in the completed form. D10 seems to be one of the few forms that can't be downloaded. Do you know why not? Also, by what process are these sorts of difficult aspects of the divorce process in England and Wales improved for the future?

My apologies I have been unwell

I have to admit that not being able to download a D10 has caused some cursing from me in the past.

However the reason is that it is sent out with the Petition by the Court and if it was generally available there could be "fake" ones sent to the court where the Respondent has not actually been made aware of the Petition at all.

The process has been tinkered with over the years but the latest changes are simply rearranging the deck chairs (in my opinion that is)

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Clare. Thankyou very much. I hope you are better now. I agree with you about the deck chairs. Some parts of this experience are completely bizarre. One good example is the reason you are giving for not publishing D10 online. It seems completely clear to me that you avoid fake forms by checking the reference number against the active petitions in the system, or simply by publishing the D10 in graphical form (e.g. a JPG file) with a giant watermark all over it, but there should be *some* way of accessing that form and some corresponding guidance to enable people in this very stressful situation to prepare for the form before it arrives. I hope that you get an opportunity to give that feedback at some point via your professional work. Many thanks for your help. All done.