Anyone Filled in a D11 for a Divorce Deemed Service?

rob3770

Divorce petition delivered to estranged wife on 13th July 2020, court tells me she called them (passed security questions) to say she is sending the Service of Agreement via recorded delivery on the 21st July 2020.
Court tells me it never arrived and i need to pay for and complete a D11 form and produce evidence she received the petition BUT her calling the court to say she has it is not evidence???
I am losing my job in a month and can't afford the £50 D11 fee so i'm planning on asking the court to ask her for 50% of the fee.
A family member has sent me photos of her Service of Agreement and the petition but i suppose that's not evidence either.
I can pay £95 and ask the judge to amend the petition and ask her to pay 50% towards the whole divorce fee's as i paid them when i was in a job and could afford it but again it's £95 that could go on food and bills.

pphillips

The phone conversation from your wife that the court told you about is likely to be hearsay evidence, which is admissible in civil proceedings. If the family member saw or heard anything that would help prove your wife received the petition, they could provide a witness statement with a statement of truth.

See if you can get help with the £50 court fee here: https://www.gov.uk/get-help-with-court-fees

rob3770

pphillips said:

The phone conversation from your wife that the court told you about is likely to be hearsay evidence, which is admissible in civil proceedings. If the family member saw or heard anything that would help prove your wife received the petition, they could provide a witness statement with a statement of truth.

See if you can get help with the £50 court fee here: https://www.gov.uk/get-help-with-court-fees

The court has logged the contact and conversation in their records but i understand what you are saying.
The family member forwarded me photos my wife had took of the forms.

KateFlorence

In a similar situation. I have photos of papers on my whatsapp and also email from HMCTSC saying that he called them - which surely proves in itself he received the papers, otherwise how would he have their number or what would he be calling them for?

rob3770

KateFlorence said:

In a similar situation. I have photos of papers on my whatsapp and also email from HMCTSC saying that he called them - which surely proves in itself he received the papers, otherwise how would he have their number or what would he be calling them for?

Hi, what are you planning on doing next?

KateFlorence

rob3770 said:

KateFlorence said:

In a similar situation. I have photos of papers on my whatsapp and also email from HMCTSC saying that he called them - which surely proves in itself he received the papers, otherwise how would he have their number or what would he be calling them for?

Hi, what are you planning on doing next?

I am applying for deemed service with a D11 and witness statement from myself detailing whatsapp messages (direct to me with photos of divorce petition plus voice message and written message) and the email from HMCTS - although my phone they said that would be less important than my "personal" evidence. !!!!!!? I have heard that decision whether to grant it depends on judge however and that it slows things down.