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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have applied for a divorce but the respondent has not

Customer Question

HiI have applied for a divorce but the respondent has not acknowledged the petition of the service. They are now based in Northern Ireland so we used a processing server to try to serve the petition. However they were unsuccessful and we have have an affidavit to confirm that they attempted to deliver the petition. I have found forms D11 and D13B. Do we have to submit both forms to the court or just D13B and what are the fees for both since it is not clear from EX50? Do we need to resubmit 3 copies of the original divorce forms with that or will they still have the original paperwork filed against the case no?
Many Thanks
Submitted: 9 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 9 months ago.


Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- are you certain of his address or not?

- if not, what attempts have you made to locate him?

Kind regards


Customer: replied 9 months ago.
we used people finder who traced his address via credit agencies. The server then has spoken to neighbours with photo identification and confirmed he is resident at that address
Expert:  ukfamilysolicitor replied 9 months ago.

Is this all in the process servers statement? Did the process server put the papers through his letterbox? Do you know if he has any active social media or such like?

Kind regards


Customer: replied 9 months ago.
He has no social media we can find. His main letterbox is welded shut but there is a separate mailbox which goes into a metal box which is full of unopened junk mail. It has been put in that. Further background is that there has been no contact for more than 30 years. Apparently he has bulletproof windows and a steel door
Expert:  ukfamilysolicitor replied 9 months ago.

Wow that sounds like a man with issues!!

If you had managed to get him served then you could have just applied for decree nisi and that would have been in form D84 and the form for Statement in Support depending on the ground you used and attached the process servers statement.

As you didn’t manage to serve him you do need to use the application notice form. That’s the D11 you have and you need to complete the D13b as all attempts have failed.

I would suggest you complete Form D11 asking for Sevice to have been deemed to have taken place on the basis of what you have already done. You can also ask for service to de dispensed with on the same form and the court will decide which they consider is appropriate given the steps you have taken. Attach the process servers statement. You don’t need to attach the divorce petition. Copy it all 3 times. The fee For the application is £155.

Let me know if I can assist you further

Kind regards


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