I do not know my spouse’s home address – can I still apply for and obtain a divorce?

Application for Alternative Service

In a Divorce Application, the Applicant must provide the Respondent’s email address (if known) and a postal address where the Respondent can be served. If the Applicant does not know the Respondent’s current home address and has been unable to obtain it through an enquiry agent, but does have the Respondent’s usual email address, the Applicant may apply for an Order for Alternative Service. This is a request for the Court’s permission to serve the Divorce Application by email only instead.

Under what circumstances will the Court issue an Order for Alternative Service?

The Court may authorise service at an alternative location or by an alternative method where there is a ‘good reason’ to do so. An application for Alternative Service must be supported by evidence setting out:

1. The reason the Order is sought.
2. The proposed alternative method or place of service.
3. Why the Applicant believes the documents are likely to come to the Respondent’s attention if served in that way or at that place.

Without Notice Hearing

The application for Alternative Service is made without notice to the Respondent, meaning they are not informed of the application itself. The matter is referred to a Judge for determination.

What details must be included in an Order for Alternative Service?

If the Court grants an Order for Alternative Service, it must specify:

1. The approved method or place of service.
2. The date on which the Divorce Application will be deemed served.
3. The time limit for filing a Divorce Response.

Divorce Response

Once the Divorce Application has been served, the Respondent must file a Divorce Response within 14 days of service. A Divorce Application is treated as served if the Respondent submits a Divorce Response. If the Respondent does not file a Divorce Response, the Applicant may proceed only if the Court is satisfied that service has been properly effected.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.