Claiming D11 cost from respondent

I know that my STBX received the divorce petition as I got an unpleasant text from him. He has not responded to the petition and I am currently filling in a D11 for an order of deemed service- the text message he sent me handily providing proof he has received it. I am doing this all without solicitors to keep the costs to a minimum and chose to pay the £550 fee myself rather than trying to get my STBX to pay for some or all of it, to keep things as simple and painless as possible. I know it’s only another £50 but does anyone know if it is possible to claim the cost of this additional unnecessary expense from him?

Welcome to Wikivorce.

What fact did you rely on in your petition? And how long ago did the respondent receive it?

It would be better to use bailiff service (or a process server) to serve the Petition on him; you would receive a written confirmation from the bailiff, which would be enough evidence to prove that service has taken place. Although some Judges will accept text messages as evidence of service, most won't, so your application could be rejected, and you would have to then use bailiff service (or a process server) any way.

Respondents unreasonable behaviour. Sent to him by the court on 18/4. The text I received was sent 2/5. I spoke to the divorce unit at Bury St Edmunds and they said in their experience a text message would be accepted. I see your point though. Would I be able to claim these additional costs from the respondent (or lack of!), as after all he is causing the extra expense?

Yes it's possible to claim the additional costs back - but only if you ticked the costs box in the original Petition.

Ah, no I didn't. I was trying to be reasonable as he is on a low income, and I just want this sorted with the least amount of hassle. I wasn't expecting him to refuse to sign and cause extra costs.