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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 18300
Experience:  I have been practising for 30 years.
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I want to apply for a divorce. I have completed a D8 form,

Customer Question

I want to apply for a divorce. I have completed a D8 form, but I do not know my wife address. I need to complete D11 form to apply the court to disclosure order. I need help with what shall I put in each section of D11. She also has a non-molestation order against me. I asked her previous solicitor to receive the divorce paper on her behalf, but they are not willing to receive divorce paper on behalf of her. Please advice. Thanks
Submitted: 10 days ago.
Category: Family Law
Expert:  F E Smith replied 10 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long were you together and married in total?

and are you doing this through the Govt online portal?

you have no idea whatsoever where she is?

Customer: replied 10 days ago.
I married to her on 22nd January 2018.. I do not know where she is also she has obtained non molestations order against me. can I do it through Gov online portal even I do not know her address?
Expert:  F E Smith replied 10 days ago.

UR Going to have to try to find her.

It doesn’t matter whether it comes up with a negative result, but you’re going to have to have that result to support your next application.

You can always use a tracing agent such as this http://www.ccsformations.co.uk/Tracing-25-c.html who will do no find no fee for solicitors for GBP50 plus VAT although if you are a private individual they want payment upfront.

They also do international searches for GBP150 plus VAT but that is not no win no fee.

We have used the firm on numerous occasions and found the service excellent.

If you don’t know where your spouse is, then provided you have made attempts to contact him, there is a process for doing that where the service of documents is dispensed with:

the government to the rescue again with a website on that subject: https://www.gov.uk/divorce-missing-husband-wife

If you know where your spouse is but he won’t sign the papers, then you can make an application court for Deemed Service of the papers provided you can prove he’s had them and is just ignoring them.

Here is an article on the subject:

https://www.ellisjones.co.uk/blog/article/what-to-do-when-your-spouse-refuses-to-sign-the-divorce-papers

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 10 days ago.
I have asked you on my previous question, can I make online divorce application even though I do not know where does she live? If I make disclosure order to court because there is non molestation order against me will they return my D11 application.
Expert:  F E Smith replied 10 days ago.

People seem to be hung up on making online applications.

It only delays it by 24 hours if you print the papers and put them in the post.

You cannot serve papers with no address which is why there is a process for dealing that way which is not an online application.

The fact that you may know where your ex lives has nothing to do with any non-molestation order which the X may have against you.

If because of the order, your ex was put into sheltered anonymous safe accommodation, that would be sufficient to support an application to dispense with service of proceedings although there is no reason why you couldn’t serve the mom family member such as sister brother or parent.

Customer: replied 10 days ago.
It say on non molestation order that divorce need to be deal through solicitor but her solicitor is refusing to receive papers. she has no family members. Are you saying I do not make D11 application? is there online facility where I can submit D11 online?
Expert:  F E Smith replied 10 days ago.

I am not aware there is a facility to submit D11 online. Print it, complete it and pop it in the post.

If it is a condition of the non-molestation order that you have to go through solicitors, and the solicitors will not accept service, it would be the court that is serving the document on your ex, not you and therefore it is not a breach of the order.

If she starts to correspond with you directly, you are going to have to make an application to court to get the non-molestation order varied to allow communication in respect of the divorce only

Customer: replied 10 days ago.
What shall I write in each section on d11 form? Please advise thanks
Expert:  F E Smith replied 10 days ago.

I don’t know why you want to send a D11.

You will not get an order to disclose the address.

You need to need the links I sent you at 11:09 AM.

You are not even at this stage of making an application yet.

You need a negative result from the tracing agent and then you make an application to dispense with service:

https://www.gov.uk/government/publications/form-d13b-statement-in-support-to-dispense-with-service-of-the-divorce-dissolution-nullity-judicial-separation-petition-on-the-respondent

Customer: replied 10 days ago.
Application for a Disclosure order from HMRCIf you have no contact with any of your spouse’s relatives, you can apply to the court for a disclosure order, but only if your spouse last lived in the UK.This order is made against HM Revenue and Customs and you will need to provide your spouse’s date of birth, NI number if you have it and also their last known address.HMRC will then look through their database and try to find an address for them. If they find an address they will write to the court.The court will then send the divorce papers to that address. If they do not respond, the divorce goes through without their consent.
Expert:  F E Smith replied 10 days ago.

There is a non-molestation order against you and it’s highly unlikely you would get it granted. In my opinion it’s the wrong application.

I have told you how you should do it in my opinion.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.