Fixed Price Divorce when you cannot find your Ex
A lot of people delay divorce as they do not know where their spouse is living. This maybe down to a long period of time since the split, or you split in an acrimonious manner. Divorce when you cannot find your Ex is still possible,
Not knowing where your ex-partner lives does not always mean you are going to use a solicitor and spend thousands of pounds getting a divorce.
There are some additional hurdles to get over with the court. As experts, we are well versed with dealing with complicated divorces.
The courts demand that you have made every reasonable attempt to find an address for your missing spouse before they can serve the divorce papers. The courts will expect evidence to show you have hired an investigator, you have contacted friends and family, contacted employers to find their address or even used social media.
Sometimes, the divorce papers can be served on a parent, sibling or friend, if they are still in touch with your spouse.
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What If you can’t get an address for your spouse?
If your spouse has moved abroad and there is very little chance of you obtaining their address, the court can allow you to proceed with the divorce in many cases.
If your spouse is still in the UK, the court will want you to find the address where possible. Sometimes the court can trace your spouse if you are financailly dependent on your spouse.
There are a number of different routes you can take and our fixed fee service will allow you to obtain a divorce.
There are 3 options that may be relevant to your situation, which are listed below to give you an idea of how each works.
1. Application for substituted service of the divorce petition
If you know where your spouse works, or where relatives live then you can ask the court for the divorce petition to be served on them instead.
You have to persuade the court that your spouse will become aware of the proceedings using this method, otherwise, you’ll need to follow a different step.
2. Application for a Disclosure order from HMRC
If you have no contact with any of your spouse’s relatives, you can apply to the court for a disclosure order. This is only if your spouse last lived in the UK.
This order is made to HMRC and you will need to provide your spouse’s date of birth, NI number if you have it and also their last known address.
HMRC will then look through their database and try to find an address for them. If they find an address they will write to the court.
The court will then send the divorce papers to that address. If they do not respond, the divorce goes through without their consent.
3. Application to Dispense with Service of the divorce petition
If your spouse is a foreign national or there is no way of finding them or any relative, then you can apply to the court to dispense with service of the divorce petition.
As with all things, there are additional costs for doing this. Every time you make an application to the court it costs an extra £55.00 over and above the initial £550 for the divorce petition issue fee.
If you want to get divorced but don’t know where your spouse is. We can help you.