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History: Home UK Divorce Forum
Topic:
Help D11 form Application to enforce (8 Posts)
Started By:
Date:
27 April, 2012 04:57PM
Help D11 form Application to enforce
Mrsnumbertwo - 27 April, 2012 04:57PM
Hello all

I am wondering if anyone could offer some advice.

To cut a long story short my husband was married previously and in the divorce settlement he was awarded a life assurance policy-it was in joint names but the court ordered his ex wife to sign it over to him. she never did. My husband left it because he didn't want to rock the boat with the ex because of the children, and didn't think it was worth anything.

Turns out it is worth something and he wants to surrender the policy. Problem is the company will not allow him to surrender without the deed signed by her signing it over to him. She still won't sign it.

We contacted the court and they stated we need to fill in a D11 form, Application to enforce and pay £90. I am not sure if is is the correct form as the woman was quite hesitant on the phone and kept putting me on hold.

What I'd like really is a bit of reassurance that this is the correct form, and if so how to fill it out and what we need to include. we can't afford a solicitor and don't want to waste £90 filling it out incorrectly.

Many thanks in advance for any responses, I look forward to hearing from you
Re: Help D11 form Application to enforce
Burger - 27 April, 2012 05:03PM
First thing I would do is write very sternly to his ex, stating that if she refuses to sign she is compelled to by the consent order, he will apply to court for enforcement, and he will apply for a costs order, so she will have to pay his costs for enforcement.
Re: Help D11 form Application to enforce
Mrsnumbertwo - 27 April, 2012 05:37PM
I would love to, believe me, but I think she would just stick two fingers up to be honest. The woman is not very approachable. It is preferable to £90 it must be said, but she will probably rip the deed of assignment up. sad smiley

I'll talk that option over with my husband thank you, as the form was pretty daunting as well as the possibility of going to court and seeing her again

Any one else have any suggestions about what to put on this form etc, as I'll probably have to go down that route eventually

Thanks
Re: Help D11 form Application to enforce
davidterry - 27 April, 2012 06:25PM
What Burger says about first writing to her, asking her to sign and pointing out to her that if she does not her ex will apply to the court and seek all the costs from her is not optional. If you do not do this a court will ask why not and it will probably refuse to award you costs as a result. It is very important that she be given the opportunity to sign and warned that if she does not an application will be made to the court and that application will include a claim that she should pay all the costs of enforcement. Do this in writing so that you can produce evidence of it to the court. If this woman has not co-operated so far you will almost certainly need to take enforcement action but if you want to recover the costs of that enforcement action from her it is important you give her the opportunity to do it voluntarily and warn her of the likely consequences if she does not.

If this is done properly she should be ordered to pay the costs of enforcement so it may be worth you asking a solicitor to do it for you.
Re: Help D11 form Application to enforce
Mrsnumbertwo - 27 April, 2012 08:26PM
Ok, thank you for your post. When you mention costs, would costs exceed the £90 to bring it to the court? As we don't mind taking that on the chin, but if the costs were to exceed that then we would want her to pay. As I said before we cannot afford a solicitor, we are pretty much brassic to be honest but won't let that stop us.

I know it sounds easy just to write a letter, but my husband has just started getting to know his children again after a decade of this woman denying him access, getting him arrested, not answering the door on access visits etc, so he is reluctant to go in heavy handed in case she turns the children against him even more (if at is possible) but this money is due to him and we have a young family and need this money to make ends meet

I guess I'm writing a letter tomorrow eh?!
Re: Help D11 form Application to enforce
Burger - 27 April, 2012 09:20PM
Quote
I know it sounds easy just to write a letter
he is reluctant to go in heavy handed


Maybe it's just me, but I would consider applying to court without writing a polite but firm letter of his intentions first, to be considerably more "heavy handed".



Edited 1 time(s). Last edit at 27/04/2012 09:20PM by Burger.
Re: Help D11 form Application to enforce
Mrsnumbertwo - 28 April, 2012 07:20AM
Didn't think of it like that! We discussed it last night and will write the letter first, thank you very much for your replies. Fingers crossed she moves on and just signs the form
Re: Help D11 form Application to enforce
davidterry - 29 April, 2012 12:16PM
>>Maybe it's just me, but I would consider applying to court without writing a polite but firm letter of his intentions first<<

Then a court would deny you your costs just as you denied the other person the opportunity to settle the matter without a court application.
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