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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1155
Experience:  LLB (Hons)
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I am a uk citazen and my partner is romanian, she is still

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Hello i am a uk citazen and my partner is romanian, she is still married to her husband and they separated 5 years ago and now has applied for divorce.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes we have done the online divorce, he has had the papers but is refusing to sign them, i understand that if we have proof of service that is ok to proceed, my question is we have a daughter that is 10 month old now and her x husband is trying to cause problems saying that it is illegal for us to have this child in my name even though i am her father ?
JA: Have you talked to a lawyer about this yet?
Customer: no i was not aware it was a problem, we had her birth registered her with me named as father and she has my surname
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no i just need to know what we need to do

Hi, I'm Lea and I have reviewed your query.

How long has the husband had the papers? Has your partner checked the online service as yet?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 7 days ago.
hi he has had them for more than 7 days, we are going to contact the online service tomorrow, we have has communication from him via messenger saying he will not sign them, i understand that this is all that is needed to confirm that he has been served the papers .

Firstly, the online service will tell you that you now have to wait 30 days before anything further can be done. You will see that when you log in. In 30 days time, if the husband has still not replied, the service will email you to tell you what your other options will be. At that point there will be several options available, including you providing evidence (the text message) to show that he has in fact received the documents. However, it will also include the option to serve by a process server, which will cost £110. Sometimes it is better to ensure that he cannot pretend he did not receive the paperwork by having it served on him independently. Once that is done, (shown evidence of the text) you will be able to apply to the court for deemed service. You would do that on form D11, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/714971/D11_web_0616v2.pdf

In relation to your child, the husband is talking absolute nonsense, he is not the child's father and therefore it has nothing to do with him that you are on her birth certificate and that she has your name. Just ignore him with regards ***** *****

Does that assist?

Customer: replied 7 days ago.
thank you that has put my mind at rest, i thought that was the case, do we need to do anything at all regarding our daughters birth certificate ?

No, there is nothing at all you need to do about the birth certifcate.

 

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