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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27856
Experience:  25 years experience of all aspects of family law
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Hi I have applied for divorce on the fact that me and my spouse

Resolved Question:

Hi
I have applied for divorce on the fact that me and my spouse have been separated for over two years and he agrees to divorce. I have admitted in my forms that I decided that marriage is at end from September 2012 ( this is arround the time when he admitted to me that he has been having affairs from 2005 since our daughter was born). This information made me decide that I don't want to wait for him to change and be separated I wanted divorce. I filled the petition on the grounds being separated for over two years only because I thought this will be less painfull and embarrassing to do so for me. Unfortunately the judge decline me decree nisi as I only decide the marriage is at end in September last year and this is not two years. Now I decided that I will amend my initial petition and thick the adultery option and provide the covering letter explaining all, also I will ask my spouse to sign a letter that he has seen this amendments and I will attach it to my amended application. Is this the right way to go about it , this is proving to be so stressful, I am doing this all alone as I can't afford solicitor and court has waved fees for me already so really don't want to start from scratch.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question I shall do my best to assist you.
I am afraid it will not be quite that simple to deal with the matter.
You will need to apply for permission to amend the Petition and the Petition will need to be served.
This is is done using a Form D11 asking Permission to amend the Petition.
At the same time you should submit the amended petition - which should have the parts you are removing crossed out in red and the parts you are inserting underlined in red.
It should be re-signed and re-dated - which should also be underlined in red.
The fee is £200
Once your ex has received the fresh petition and admitted the adultery on the form then all should be well
I hope that this is of the assistance - please ask if you need further information
Claire
Customer: replied 1 year ago.
Hi there , I called court and they just told me to submit three amended in red copies they didn't mentioned d11, what exactly is form d11 please ? Also the court told me it will cost 90pounds to amend it, I'm quite confused now
Expert:  Clare replied 1 year ago.
Hi
Th D11 is simply the form you use to ask permission to amend the petition after it has been served
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
and yes just for once the fee has gone down since I last did this - Quite a shock!
Claire
Customer: replied 1 year ago.
Claire , so do I synmit d11 with the three copies at once ,and the main question is , is it ok to make such a significant amendment as mine to petition?
Expert:  Clare replied 1 year ago.
Hi
Yes you submit them all together - and yes if the court gives permission (and they will)you can make this change
My only concern is that you are certain that your ex will agree
Claire
Customer: replied 1 year ago.
It is my concern that's why I was going to get from him this letter confirming he has read amendmend a and is happy for court to proceed, would that help? Also the other reson judge declined decree nisi was that his signature on acknowledgment of service was not properly identified. I'm not sure why as I written 'A' by his signature, the only reson I could think of is he signed differently acknowledgment and arrangement for children , do you think this is the case or maybe I should have just marked A instead of 'A' , and to the right of his signature instead of on the left margins, I hope I make sense, sorry but just want to get it right. Also I had a look on d11 form it is asking what order am I asking court to make and why, what should I put there?
Expert:  Clare replied 1 year ago.
Hi
Do not worry about his signature at the moment - I am afraid he will have to be re-served and the process will have to be gone through again.
But before you send it in get a signed letter from him confirming that he will admit the adultery when the time comes
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27856
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Claire , I am afraid I do worry about the identifying his signature correctly as this was one of two reasons why my decree nisi was declaimed in the first place, I want to get it correctly with amended petition process, and I trust that this man will for once do what's right and admit his adultery. Claire are you ok to help me with filling out firm d11 , please?
Expert:  Clare replied 1 year ago.
Hi
When you get to that stage I will take you through it do not worry
The D11 is nice and straightforward - you are asking for "leave to amend the petition in the form annexed"
No need to worry about a draft order
Claire
Customer: replied 1 year ago.
Hi Claire thanks for your reply , so in form d11 in section 3 I write: 'I am asking for leave to amend the petition in the form annexed because I'd like to change my grounds for divorce' is that correct as they also asking why. Also in
Expert:  Clare replied 1 year ago.
Hi
Instead of "because I'd like to change etc" just put " to facilitate an immediate divorce"
Claire
Customer: replied 1 year ago.
Thanks Claire, so I written' I am asking for a leave to amend the petition in the form annexed to facilitate an immediate divorce. The form is asking here to attached a draft copy of the order I am applying for, what is it?
Expert:  Clare replied 1 year ago.
Hi
Do not worry about the draft Order - the court will not ask you for it - just send those papers in
Claire
Customer: replied 1 year ago.
Thank you Claire In section 10 form d11 is asking me what info will I rely on, do I just tick divorce petition? Also in section 9 do I put his address for copy of this application to be sent to him?
Expert:  Clare replied 1 year ago.
Hi
Correct on both points!
Claire
Customer: replied 1 year ago.
Claire, I'm about to amend the D8 to change to adultery as resons, with the following statement of case be sufficient: in august 2012 the respondent has admited he had commited adultry several times during our marriage since 2005 ,in September 2012 I decided that marriage was at end and I will apply for divorce.
Expert:  Clare replied 1 year ago.
Hi
Doe she currently have a girl friend?
Claire
Customer: replied 1 year ago.
No he hasn't and he would like to get back with me, but since finding out about his doings when we were married I don't want anything to do with him. We actually have two daughters and he claims that he started cheating after our first daughter was born.
Expert:  Clare replied 1 year ago.
Hi
Then it should say
" In August 21012 the Respondent admitted that he had committed adultery on multiple occasions from 2005 onwards with various unnamed women and I no longer feel able to live with him"
Claire
Customer: replied 1 year ago.
Ok will the " ...no longer feel able to live with him" still be ok if we haven't live together since we separated in June 2010?
Expert:  Clare replied 1 year ago.
Hi
Yes that is exactly right since you have already said you did not make that decision until last September
Claire
Customer: replied 1 year ago.
Thank you Claire for prompt response.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome I hope that all goes well
Claire
Customer: replied 1 year ago.
Thank you, XXXXX XXXXX court also asked me for covering letter as to why I'm amending. I was going to explain that initially I felt I had two grounds for divorce( separation and adultery) and chose the separation reason as I felt it was less painful and embarrassing to do so , also I came to realisation that marriage is at end after admission of adultery from my husband so I understand now that this is my ground for divorce.
Expert:  Clare replied 1 year ago.
HI
That is fine
Claire
Customer: replied 1 year ago.
Thank you Claire , you have been very helpful, would never been able to afford visit at solicitor, as I'm left with two beautiful daughters but also with debt and no financial support by my non working husband, your help is much appreciated , would you mind if I write again to you if I have problems with case in future please?
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
Many thanks ClaireHi ClaireI was hoping you could help me on following up on the above, I have reapplied with amended divorce papers on the adultery grounds but my husband don't want to sign the acknowledgment from court what are my options now?

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