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  • Paula1
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19 Feb 24 #522583 by Paula1
Topic started by Paula1
What happens if divorce has been applied for under the new system and the email has been sent to a solicitor but that solicitor has failed to inform their client until well after the response period has ended (i.e. the solicitor did not see the email) and the link that came with the email no longer works as it is several months later. At this point the solicitor is not answering any of these questions, I don't even know if it is a sole or joint application or if the fees have been paid etc.
I have read the guide on this website and it states a postal copy should have been sent but to my knowledge, none has been received by either the respondent or solicitor.
Any help would be greatly appreciated :)

  • rubytuesday
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21 Feb 24 #522595 by rubytuesday
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Often, a little reminder sent by email is enough to get the other side to take action. If not, then you would need to arrange personal service of the application on the respondent either by using a court bailiff or a process server.

If service is successful, and the respondent still refuses to respond, you will need to apply to court for "deemed service" (use a form D11) to ask the court to accept that service has taken place, but the respondent has refused to respond.

If service is not successful, then you will need to apply to court for "dispense with service" (again on a D11) to ask the court to accept that service in person has been attempted but was unsuccessful.

If either of these (whichever is appropriate) applications are successful, you can then apply for your conditional order once the initial 20 week period has been completed.

Wikivorce has a service which does all of the above, and includes completing your divorce, ending with the final order. divorce.wikivorce.com/services/divorce/d...-deemed-service.html

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