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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

D11 Advice

4 replies

SamA2022 · 24/04/2022 09:12

Morning all.
I hope you are all well. I've just joined this group as I am currently going through a divorce and what should have been straightforward is now really complicated.
My husband has just emailed me to say that he is being made redundant and is saying that he can't pay the mortgage on our house anymore, so has stopped the direct debit as of now. My next mortgage payment is in a weeks time and I can't afford it and I'm really scared that I'm going to default on the payments, get a black mark against my name and worse, my daughters and I are going to end up on the streets.

I've been advised to fill out a D11 form to get a court order for him to continue paying the mortgage as he has a big redundancy payout and will walk into another job easily.

I've got the form but it says I need to do a statement.
Does anyone on here have experience with this and can help me at all? If anyone has a statement example that I could go off, I'd really really appreciate it. I'm literally not sleeping with the worry.

Thanks so much
Sam
x

OP posts:
Shibby585 · 28/04/2022 14:54

Hi,

Sorry to hear you are going through this. The first thing you need to do is contact your mortgage provider and see if they can put you on a payment holiday, explain the situation. This will stop you getting a black mark but pause payments until you can get sorted.

With relation to the D11 this is a form filled out for a court order during divorce/separation/dissolution.

Are you currently in the midst of a divorce? I have filled out a D11 years ago, but that was for service deemed. I know you have to put the case number and the order you are asking for. There was a cost of £50 for the order.

Lulustan · 08/06/2022 20:38

Hi all

I’m looking for some help with filling in a D11 form. My ex husband is refusing to pay. He chose to quit work and stated he can live off his savings for the next 6 months. He has stated in a voicemail he’d rather not sign then have to pay. He seems to think that this means he does not have to adhere to the financial consent order.

I know the suggestion is to get a solicitor to help but I can’t afford the costs. I know you can claim costs back but the bitter irony is without the payments I can’t afford the fees in the first place. Is there anyone in here that’s filled in the form and could help?

ChoiceMummy · 08/06/2022 21:52

@SamA2022
Ultimately you have a joint mortgage and are jointly liable for the mortgage.
Him having Continued to pay is not a legal requirement. You need to either find a way to manage the payment or arrange for a mortgage holiday.
The fact that you believe he will easily get another job is irrelevant. Likewise his redundancy payment is lost split and irrelevant and may not be paid for some considerable period.

ChoiceMummy · 08/06/2022 21:52

*Post split not lost split.

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