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Can non-resident b served w UK divorce application

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HappyOneDay
Posted by
Premium Member

03 Dec 18 #505159 by HappyOneDay

Topic started by HappyOneDay

If the ex owns property in the UK, and is a UK citizen, can a divorce application be served to them if they are residing in the US for a job?

polar
Platinum Member

04 Dec 18 #505191 by polar

Reply from polar

I believe that you can serve by post as long as it is by 1st class post...NOT any other method in civil cases. Get a certificate of posting which is usually accepted by courts to have been served 2 days after posting.

The defendant can of course argue that they never received it or that the house was let.

.Sylvia
Platinum Member

05 Dec 18 #505201 by .Sylvia

Reply from .Sylvia

Yes a petition raised in England/Wales can be served by post on a respondent overseas. You would need to make sure you have their residential address first.

There's no point in the petition and D10 being posted to their UK address, as Polar has suggested, if they aren't living there.

HappyOneDay
Posted by
Premium Member

05 Dec 18 #505203 by HappyOneDay

Reply from HappyOneDay

Thanks, I have had the advice that it has to be registered, signed for mail. I suppose Fedex would be the best option as you ensure someone signs for it at their residence or they have to go to the post office to pick it up if they are not home.

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