Is divorcing a missing spouse possible?

Getting divorced when you have lost contact with a spouse can be tricky, but not impossible. These are some of the additional steps you would need to take to try to serve a copy of your divorce application before a divorce can proceed.

Instruct an Enquiry Agent to trace your spouse. Some Enquiry Agents offer a tracing service on a “No find, no fee basis”.

If you have an alternative address for your spouse such as a work address, professional organisation, or the address of a relative, you can apply to the Court for substituted service by having the divorce papers served at one of these addresses instead.

Apply for a HMRC Disclosure Order – If the last option is unsuccessful or not possible, you can ask HMRC to locate an address for your spouse. If an address is found – the divorce papers can be served at that address.

As a last resort you could apply to dispense with service. If all reasonable efforts to locate your spouse are exhausted and unsuccessful; the Court can dispense with service of the divorce application, and the divorce can proceed.

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This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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