Serving Divorce Papers In The UK: A How-To Guide

Key Summary of Serving Divorce Papers in the UK

• Serving divorce papers in the UK to your spouse is necessary to start the legal process of divorce.
• If you are filing for divorce, you cannot serve the papers yourself; an independent third party must handle this.
• Hiring a professional process server is a great option to ensure the papers are served correctly.
• If the respondent is hard to find, there are legal options available, like service by post or using a process server.
• Failing to serve the papers correctly can delay or invalidate the divorce process.

Introduction

Divorce is a difficult and emotional time for many people, and while it’s a personal matter, it must also follow legal procedures. One important part of this process is serving divorce papers. Serving divorce papers in the UK is the formal way of notifying your spouse about the divorce proceedings. This step is required by law and must be done correctly to avoid any delays or complications.

In this guide, we’ll explain everything you need to know about serving divorce papers in the UK, including who can serve them, how to do it, and what to do if the person is hard to find.

Who Can Serve Divorce Papers in the UK?

You must have someone other than the person filing for the divorce serve the divorce papers in the UK.  The person who serves the papers must meet these criteria:

• An independent third party: This means the person cannot be the applicant (the person filing for divorce) or a close family member.
• Over 18 years of age: They must be old enough to handle legal documents.
• A professional process server: Many people hire a professional process server to ensure they deliver everything correctly and in accordance with the law. Process servers have experience and know the best ways to deliver legal documents, especially when the other person is hard to reach.

How to Serve Divorce Papers in the UK

After you file the divorce petition, serve the papers to your spouse. You can serve divorce papers in the UK in the following ways:

• By post: You can send the divorce papers by post, but you must use recorded or special delivery to ensure proof of receipt. This method provides a tracking number and confirmation that the respondent received the papers.
• By process server: If you cannot serve the papers yourself or if the respondent is avoiding service, hire a professional process server to deliver the documents. Process servers are skilled at locating people and ensuring proper service, which helps avoid delays or complications.

What Happens After the Papers Are Served?

After you serve the divorce papers, your spouse (the respondent) has 14 days to respond. If they agree to the divorce, they can file a response with the court, and the process can continue. Alternatively, if they disagree, they can file a defence, and the court will decide what to do next.

If the respondent does not respond at all within the 14-day period, you can apply for a decree nisi. This is the first step in officially ending the marriage.

What If the Respondent is Hard to Find?

Sometimes, the person you’re trying to serve the papers to may be difficult to locate. They may have moved without telling you or are trying to avoid being served.

If you can’t find the respondent or they refuse to accept the papers, you can still complete the divorce process through alternative methods:

• Service by post: If you know the respondent’s address, you can send the papers by recorded or special delivery to confirm receipt.
• Using a process server/enquiry agent: If your spouse is missing or actively avoiding being served, an enquiry agent can help. Enquiry agents specialise in tracing individuals, using advanced tools and investigative techniques. Once located, they can serve the papers efficiently, ensuring the legal process moves forward.

These methods are often more reliable than trying to serve the papers yourself, especially if the other person is being uncooperative.

What If the Service is Challenged?

If the respondent claims they never received the divorce papers, they could delay your case. To avoid this, keep a record of how you served the papers. For example:

• Keep the delivery receipt or tracking number if you served by post.
• Get a statement from the person who served the papers by hand.
• Request photographic evidence from the process server to confirm proper service.

If the respondent successfully challenges the service, you may need to serve the papers again, which could delay your divorce.

Frequently Asked Questions

1. Can I serve the divorce papers myself?

No, you cannot serve the divorce papers yourself if you’re the one filing for divorce. The person who serves the papers must be an independent third party. This means you can’t serve them yourself, nor can a close family member do it. Many people hire a professional process server to ensure they serve the papers properly and meet legal requirements.

2. What happens if the respondent refuses to accept the papers?

If the respondent refuses to accept the papers, the person serving them must document the refusal. You can then use an alternative method of service, such as hiring a process server.

3. How long do I have to serve the divorce papers?

After you file the divorce petition, serve the papers as soon as possible. Once you serve the papers, the respondent has 14 days to reply.

4. Can the divorce proceed if the respondent doesn’t respond?

Yes, if the respondent doesn’t reply within the given time frame, you can apply for a decree nisi, and the divorce can proceed without their response.

5. What if I can’t find the respondent?

If you can’t find the respondent, you can use alternative methods, like service by post or hiring an enquiry agent to help locate them.

Final Thoughts

You must handle serving divorce papers carefully, as it is an important legal step. Whether you choose to serve the papers yourself or hire a professional process server, it’s essential to follow the rules to ensure the divorce process goes smoothly.

At Tremark, we specialise in professional process serving and people tracing, offering expert support to ensure that you serve your legal documents correctly. If you need help with serving divorce papers, contact us today.

Get in touch with Tremark now for reliable process serving services.