Divorce: how to fill D11 form

andreko

Hi!
I applied for divorce using online service in December last year and my wife didn`t respond to the letter. In April I asked the court to send her another one and there is still no answer. She lives in another EU country, where we are both from and I live here in the UK since 2007. We live separate since 2004 not contacting one another for 17 years now and that was the ground for my application. In May I got information from my daughter who also live in the UK that my wife confirmed her that she received divorce petition, with no explanation if she has any intention to respond to it. After such a long time it is clear to me that I have to carry on with the process without her answer.
So now I have D11 form printed and have to fill it myself, which I find difficult. I`m choosing option I have evidence that my wife received the application , but can`t or won`t respond.
Can anyone advice me here what exactly should I put in this form to make it acceptable by the judge, please?

pphillips

You're using the D11 to apply for a deemed service order. The form gives you the option to opt for a hearing or paper determination, this kind of application should be able to be dealt with on the papers.
Tick the option that you're attaching a supporting statement and attach a witness statement signed by your daughter giving her account of your wife acknowledging receipt of the divorce petition.

A witness statement must include a statement of truth by the intended maker as follows:

‘I believe that the facts stated in this witness statement are true.’

Don't forget to include the £50 court fee.

KateFlorence

Does anyone have any advice on what to write in a statement supporting deemed service application (based upon whatsapp messages) confirming that D8 divorce papers have been received but ignored...

pphillips

KateFlorence said:

Does anyone have any advice on what to write in a statement supporting deemed service application (based upon whatsapp messages) confirming that D8 divorce papers have been received but ignored...

The witness statement needs to set out your own account of the why you believe the divorce petition was received. If you can, attach the WhatsApp messages to the witness statement. You can refer to them by saying something like:
1.The applicant received messages from the repondent's WhatsApp account as follows:
1.1 "details and date of message 1"
1.2 "details and date of message 2"
Copies of these WhatsApp message are are attached to the Witness Statement.

KateFlorence

Should I call myself applicant or petitioner? Thanks so much

pphillips

KateFlorence said:

Should I call myself applicant or petitioner? Thanks so much

It doesn't really matter as the two terms are interchangeable, I personally think "petitioner" is a bit old fashioned.