I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form D11

Form used to apply to the court for an interim order within your divorce, dissolution, or (judicial) separation proceedings

 

WHAT IS FORM D11 USED FOR?

Form D11 is used to make all sorts of applications to the family court within your divorce, that are in connection with your divorce. Form D11 is also used to make all sorts of applications within your financial settlement proceedings, that are in connection with these proceedings. The court may hear your application at a hearing and, if they agree, the court will make an interim court order.

A few examples of what this form can be used for are –

  • Applying for a maintenance pending suit.
  • Adjourn a court hearing.
  • Apply for deemed service where you have evidence that your ex-partner has received the divorce paperwork but has not responded.
  • Apply for a dispense with service where you do not know where your ex-partner is. 
  • Ask to vary an existing court order.
  • Ask for an interim order within the existing court case.
  • Ask for directions within the existing court case.
  • Apply to issue your divorce petition without your marriage certificate.
  • Apply to re-activate proceedings.
  • Apply for a final order if you ex-partner (the applicant) does not apply for one.
  • Apply to the court to delay the court issuing a final order.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D11?

There are no government guides present at the moment to help you complete form D11. 

WHAT IS THE FEE TO SEND FORM D11 TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form D11 to the court is £167.00

If you are using form D11 to apply to the court for deemed service if your ex-partner is not responding to your form D8 initial application form or you do not know where they are then the fee is £50.00. 

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS IF YOUR EX-PARTNER DOES NOT RESPOND TO THE COURT ONCE YOU HAVE STARTED DIVORCE PROCEEDINGS BY SUBMITTING YOUR SOLE DIVORCE APPLICATON FORM D8 OR YOIU DO NOT KNOW WHERE THEY ARE

If you are using form D11 to make an application to the court where you have the consent of the other party or if you are making a without notice application (where you are not informing the other party) then the fee is £53.00. 

Please click on the link below to government guide EX50 page 15 for family court fees.

LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES

  • Page 7 on form D11 will ask you to write down your court fee in the first box and then ask you how you wish to pay for your application. You must tick the appropriate box and complete the information asked. 
  • If you are on certain benefits or on a low income you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form D11 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to put in the relevant box on page 7 of form D11.

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM EX160’(Here, you can access both form EX160 & EX160A guidance notes)

  • You can pay by debit or credit card over the phone if you call the court that is managing your case or you can ask the court to email you the details on how to pay by credit card. Please write your email in the relevant box on page 7.
  • You can pay by cheque or postal order made payable to HM Courts & Tribunal Service. Please attach the cheque or postal order to your form D11. 

HOW TO COMPLETE FORM D11 AND WHERE TO SEND IT.

  • NOTE 1 – In order to apply for an interim court order within your financial settlement proceedings, the court must have received a completed form A from either you or your ex-partner. Form A is the form used to start the court proceedings for financial settlement – dividing your marital assets, finances and pensions. The ex-partner that completes form A and submits it to the court is called the petitioner or applicant. The other ex-partner is called the respondent.

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM A’

  • NOTE 2 – If at any time there is not enough space on your form D11 to complete your answers then please continue on additional sheets of paper and attach these sheets to your form D11. Please remember to write your full name, date of birth, existing court case number and the question number on the top of the sheets. 
  • NOTE 3 – You can complete form D11 online and then print a hard copy. Alternatively you can print the form and complete it with black pen.
  • NOTE 4 – You must send 3-4 copies of your completed form D11 and all its attachments to the court that is managing/dealing with your existing court case so they can distribute accordingly. They will keep one for themselves, they will send one to the respondent, one to you and to any other person involved in the proceedings. If you have forgotten the address please click on the link below.
 
  • NOTE 5 – You must keep a copy of your form D11, any attachments and all other forms for yourself not including the 3 copies you send to the court.
  • Form D11 is 7 pages long
  • At the top of page 1 you will be asked in write your existing court case number, the name of the court, name of applicant and respondent. Please write down these details in the relevant box.
  • Part 1 on page 1 will ask you to write down your full name or if you have a solicitor then they must write down the name of their firm.
  • Part 2 will ask you whether you are the applicant, respondent a solicitor or someone else in the main court proceedings. You must tick the relevant box.
  • Part 3 will ask you about the interim court order you are asking the court to make. You will need to attach a DRAFT copy of this interim court order to your form D11. This draft copy should include any costs you wish your ex-partner to pay and a brief calculation of how this amount was arrived at. The judge may accept and issue your interim court order without a court hearing and if they do and your ex-partner disagrees, they have 7 days from the date the judge issued your interim court order to make a form D11 application to the court to object and ask for a court hearing for the judge to reconsider. 

LINK TO OUR L.I.P HELP GUIDE TO YOUR DRAFT CONSENT AGREEMENT EXPLAINED (ALSO CALLED A DRAFT CONSENT ORDER AND AN INFORMAL AGREEMENT)

  • Part 4 will ask you if you have any reasons why your application should NOT be dealt with on paper – this means without a court hearing. If your answer is yes then you must give your reasons in the box. Some reasons could be that both parties agree to the what is being asked, both parties agree that there is no need for a hearing or where the court considers there is no need for a hearing.
  • Just underneath is a statement you will be required to read. It is two paragraphs long. The paragraphs are about the questioning of a victim of domestic violence or a witness by the alleged perpetrator or the questioning of an alleged perpetrator by the victim. If your case involves domestic violence and your court hearing is one where you or your ex-partner will give oral evidence then the court may send forms EX740 (the party making the abuse allegation) and EX741 (the party accused of abuse) to you and/or your ex-partner along with the court order informing you of the date of the oral hearing. You and/or your ex-partner will need to complete forms EX740 and EX741 and return them to the court. Once the court has one or both of these forms then the court can consider whether to prevent the questioning or cross-examination in person of either party by each other. You can also make this application to the court by yourself if you DO NOT wish to be cross-examined by the perpetrator or the accuser.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX740

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX741

  • Please note if you are making an application for a deemed service – for proceedings to continue even though your ex-partner has not been serviced/or they have been but are not replying – then you do not need to answer parts 5 – 9. If you are making an application for deemed service you must attach evidence such as a letter, email or text that you cannot get hold of your ex-partner but have tried, or that they have received a copy of your application but are not replying.  
  • Part 5 will ask you if there are any reasons why your application should NOT be dealt with at a telephone hearing. Please give your reasons in the box. A telephone hearing will only happen if either you or your ex-partner is legally represented.
  • Part 6 will ask how long you think the court hearing with regards to your application will last. If you do not know leave this part blank. 
  • Part 7 will ask you if the time estimate is part 6 has been agreed by all parties.
  • Part 8 will ask whether your court case has already been allocated a hearing date or trial period. You must write this in the box provided.
  • Part 9 will ask if your application must be heard by a specific judge or level of judge. You must write this in the space provided.
  • Part 10 will ask you the names, addresses email of your ex-partner or anybody else whom you think should be served (sent) a copy of your form D11 application. If there is not enough space on your form D11 please continue on a separate sheet and attach it to your form.
  • Part 11 has 4 boxes that list the type of paperwork you will be sending to the court to support your application. Tick the appropriate boxes and explain in detail in the large box what you are asking the court to read and consider. You can continue on a separate sheet of paper if there is not enough room on form D11 and attach it. As stated above you must write down the case number, your name, and the question number your write up is referring to on the separate sheet.
      • The first box refers to a witness statement explaining why you have applied for this interim court order.
      • The second box refers to your divorce/separation application. 
      • The third box refers to an affidavit/statement of support form to be attached to your form D11 such as form D13B which is a statement of support form for an application for a dispense of service.
      • Box 4 refers to other evidence. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘YOUR WITNESS STATEMENT EXPLAINED’

  • You will then be asked to sign the statement of truth on page 5.
  • On page 6 you will be asked if you wish to change your address for service of documents otherwise the court will use the address they have from before. If you change your address and do not want your ex-partner to know your contact details, then you must not put your contact details here. Instead, complete form C8 and send it along with your form D11.

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM C8’

WHERE CAN YOU FIND FORM D11/DOWNLOAD THIS FORM?

Please click on the link below to download form D11 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D11

WHEN WAS FORM D11 FIRST PUBLISHED AND LAST UPDATED?

Form D11 was first published by the government (HM Courts & Tribunals Service) on 01-06-2016 and was last updated on 15-03-2023.

The Process If Your Ex-Partner Does Not Respond To The Court Once You Have Started Divorce Proceedings By Submitting Your Sole Divorce Application Form D8 Or You Do Not Know Where They Are