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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 150
Experience:  Consultant Solicitor at Setfords
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I have split up with my husband in England back in January,

Customer Question

I have split up with my husband in England back in January, on the grounds of Adultery. I have already completed and sent the D8 forms and he has completed and sent the D10 forms back in March. However, i am currently travelling in Australia and will be unable to proceed with the case as i will be moving all the time, but i would really like for all this to be over... i have been informed by the court that i can fill in the D11 form and that after i may continue digitally.. please could you help me.
Submitted: 2 months ago.
Category: Family Law
Expert:  MARCUS Malin replied 2 months ago.

Hello, my name is*****

Have you received a copy of his acknowledgement? What court are you using?

Thank you.

Marcus

Customer: replied 2 months ago.
Hello Marcus,
Myself, i havent received it yet as i have just moved to Australia around that time. The court is the family court Bury st Edmunds in London.
Thank you for your response
Regards
Alessandra
Expert:  MARCUS Malin replied 2 months ago.

Hello Alessandra,

Once you receive a copy of the acknowledgement you can then apply for a Decree Nisi.

To do so you need to complete 2 forms being:

(i) D84 - link below.

hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?utm_source=d84&utm_medium=Form%20Number&utm_campaign=null&court_forms_num=d84

(ii) statement in support - link below.

hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?utm_source=d8&utm_medium=Form%20Number&utm_campaign=null&court_forms_num=d8

You will need to use statement D80A - as this relates to adultery.

On the top of the 3rd page of the statement it refers to identifying your husbands signature on the acknowledgement. You need to write 'A' on the top of a copy of the acknowledgement and place it as a 4th page to your statement as an exhibit.

You will the need to scan the D84 and statement including the copy of the acknowledgement with 'A' written on the top of it.

Then you can email the documents to:

***@******.***

Please make sure that in the subject matter your write 'Decree Nisi Application' and the case number.

You should then receive a Decree Nisi date from the Court in due course.

6 weeks and 1 day following the Decree Nisi date you can apply for your Decree Absolute. You can email the application form being a D36 - link below.

hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?utm_source=d36&utm_medium=Form%20Number&utm_campaign=null&court_forms_num=d36

Whereas your application for Decree Nisi will take a number of weeks to be processed the application for your Decree Absolute will just take a few days.

I hope this helps and all goes well.

Thank you.

Marcus

Customer: replied 2 months ago.
Hello Marcus,
Thank you for the response.
Unfortunately i am travelling through Australia and South east Asia and will not look for a post office through my travels, therefore the court mentioned me to fill in the d11 form, so that i may complete the case digitally or via email, to my understanding.. is that correct?
Regards
Alessandra
Expert:  MARCUS Malin replied 2 months ago.

Hello,

That is possible. Usually the court will only send things out in the post.

If you want the documents sent to you by email i.e copy of acknowledgement and notification of Decree Nisi etc then yes you need to apply to the court on a D11.

However, do you have someone who can vet your post for letters from the court? All you need is a copy of the acknowledgement scanned and emailed to you and you can then just follow the instructions as per my answer. It will save the hassle of such an application and further fee just to enable the court to email you a couple of documents. Emailing the Decree Nisi application is now permitted without the need for permission from the court.

Maybe your ex could provide you with a copy of his acknowledgement.

Thank you.

Marcus

Customer: replied 2 months ago.
Dear *****,
Thank you so much for your advise, however i am not in good relations with my ex, therefore i am happy to pay for the extra fee, as well as continue everything via email, as i will be travellig for the next 5 months i will not have access to printer and scanner etc.
Could you please kindly advise me how to fill in the d11 form accordingly?
Thank you very much for your assistance.
Kind regards
Alessandra
Expert:  MARCUS Malin replied 2 months ago.

Hello Alessandra,

If you are OK to wait until Monday I would like to just confirm how what they have suggested works.

Thank you.

Marcus

Customer: replied 2 months ago.
Hello Marcus,
It is now Wednesday and i haven't heard back from you.. any updates on my case?
Many thanks
Alessandra
Expert:  MARCUS Malin replied 2 months ago.

Hello Alessandra,

I am sorry for the delay - it took me along time to get through to the court.

I am told that sadly you cannot apply on a D11 to continue with your divorce digitally.

You can now issue digitally but it cannot be converted if you started as a paper application.

I can only suggest to deal with your divorce as I have previously suggested i.e by email etc.

Thank you.

Marcus

Expert:  MARCUS Malin replied 2 months ago.

Hello Alessandra,

I am just making sure your received my last message safely.

Thank you.

Marcus

Expert:  MARCUS Malin replied 2 months ago.

Hello Alessandra,

If you require any clarification please do not hesitate to ask.

Your feedback would be appreciated.

Thank you.

Marcus

Customer: replied 2 months ago.
Hello Marcus,
I have called the court myself and have been advised that i need to fill in the d11 form so that i can request to continue the case by receiving all the future forms and documents by email as well as a copy of the acknowledgement of service.. the reason for this is that i did not receive the acknowledgement of service and my ex also did not receive it as he just moved house in between.. if you could help me filling in the form it would be very much appreciated
Kind regards
Alessandra
Expert:  MARCUS Malin replied 2 months ago.

Hello,

It does seem we are being given different advice by the court.

I am more than happy to help you complete the D11.

What I suggest is that you start to complete the D11 with case information i.e case name and number and the attach a copy and I can complete the rest.

You will need to send 3 copies to the court with the court fee of £155.00.

I will provide you with a link for a D11.

Thank you.

Marcus

Expert:  MARCUS Malin replied 2 months ago.

Link for D11.

www.gov.uk/government/publications/form-d11-application-notice

Customer: replied 2 months ago.
Hello Marcus,
Once again we have been given different information.. i was told the fee is £50 and that no other copy was needed... as i didnt want to wait any longer i filled it out myself and have sent it this morning.. should i have any further issue with regards ***** ***** form i will be contacting you back and you may help me accordingly.. would that be ok?
Kind regards
Alessandra
Expert:  MARCUS Malin replied 2 months ago.

Of course you can.

I will be interested in how the court respond.

Thank you.