How to divorce a missing spouse in England and Wales

Find a missing spouseYou are still able to get a divorce in England and Wales, even if you do not know where your husband or wife is living at the time of wanting to file your divorce.

Many people think that if they wait  for 5 years they can just get a divorce without their missing husband or wife knowing anything about it. This is in fact a myth.

The court requires that your spouse, either be served with the divorce petition or that you can show you have done everything you can to find them, but have been unsuccessful.

Finding a missing spouse has become a lot easier with the internet providing many places that records can be searched, often for free or a few pounds. Facebook is always the first place to start as most people have an account these days and if you cannot find them directly you may be able to find a family member and get a message to them.

The aim of finding where your spouse is living to reduce the costs of your divorce. If you have an address for your spouse, it will make the process quicker, cheaper and easier.

If these efforts are not successful then you can apply to the court to dispense with service of the divorce papers altogether or make an application to the Court for certain organisations, including HM Customs and Revenue and the Department of Work and Pensions, to disclose to the Court your missing spouse’s last known address. This is only likely to happen if your spouse is in the UK.

If, after all these steps are taken, their location is still not known, the Court then has discretion to grant you a divorce or to stipulate what further steps (such as placing an advert in a  local newspaper) need to be taken before a divorce can be granted.

In most cases if you have proved that you cannot find them, that will be sufficient and the court will grant the divorce.

We can handle all of this for you at what can be a difficult time for £299 fixed fee, where as solicitors could charge £1,500-£3,000 for the same service and legal procedure we follow.

We can help you with our missing spouse divorce service for just £299 incl vat

Divorce Online are experts in dealing with divorce cases where you cannot locate your spouse. Please call us on 01793 384 029 for an appraisal of your case or for just £299 fixed fee or you can click here for our missing spouse divorce service.

Mark Keenan

About Mark Keenan

Editor of the Divorce Online blog

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