Serving Divorce Proceedings

So at the Free Legal Advice Service yesterday for the third time in less than a week clients informed ,me that they were having ongoing problems with the service of proceedings especially in divorce matters.  Unfortunately unless the judge is satisfied that a copy of the application for the matrimonial or civil partnership order (petition) has been served in compliance with the CPR rules then a divorce Petition cannot proceed. 

Now many a husband or wife will attempt to wiggle out of being divorced by claiming that they have not received the Divorce Petition and of course this delays matters and  in many instances provides time for them to get rid of assets etc.

You or the  Court can effect service but the court will not serve the document if the person to be served is a child or protected party.   So under the rules which you can read in full at

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3,

Proceedings can be served

• personally, i.e  you hand them to the person you are divorcing or arrange for someone to hand them to the person you are divorcing - .  If you do this you will need to prepare an Affidavit of Service and file that at the Court.

  • by first class post, -  your or the Court can arrange for the Petition to be posted to your husband, wife, or civil partner

The court can authorise service of the application at an alternative place or by an alternative method where there is a good reason to do so but you will need to make an application to the Judge, who may give leave for you to issue and serve proceedings in a newspaper or via e-mail or any other method that the Judge might think suitable.

If your husband or wife have decided to do a moonlight flit, remember a Judge can request government departments like the DHSS to disclosed the respondent's address, again you will need to make an application.

So what if your spouse has run off to another country, well all is not lost.  If you have an address you can arrange for service of documents via the Hague convention etc this is all a bit more complicated and if you want any further information about this just let me know and I will do my best to help by contacting me at affordablelawforyou@gmail.com or telephoning me on 07940 384785.