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How do I get service deemed to have been received?

  • Gingernut49
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18 Mar 12 #318780 by Gingernut49
Topic started by Gingernut49
My husband lives in Spain and is being difficult about the divorce. I left him two years ago (after 40 years of marriage) as he was getting drunk every day and being abusive but he wouldn''t give consent to the divorce so I have had to cite unreasonable behaviour.

My query today is whether the court would accept proof of delivery in the form of seeing my tablet which has a series of messages sent and received yesterday, as follows. (I''ve removed his name here.) I''ve no money for a bailiff to serve a further Petition in Spain and I''m doing the divorce myself.

Me: Have you received the divorce papers?
Him: Yes
Me: Okay, thanks.
Me: Have you sent back the form to the court?
Him: Nnt yet.
Me: I think they specify a time limit. Can you do it on Monday please?
Him: I’ve got 7 days from receipt. What’s the hurry?
Him: I have more important things to consider at the moment. Your petition is rejected. Your turn next.
Him: BTW The paperwork I received is in the bin. Again your turn next!

  • WhiteRose
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20 Mar 12 #319214 by WhiteRose
Reply from WhiteRose
bump

  • Fiona
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20 Mar 12 #319231 by Fiona
Reply from Fiona
There are special rules for serving papers abroad and you are going to need a solicitor for this.

  • Stingrayj
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21 Mar 12 #319271 by Stingrayj
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Hi Gingernut,
Sorry you are going through this. Here is a link that might be of some help to you.

www.fco.gov.uk/en/about-us/what-we-do/se.../documents-evidence/

Sting

  • Gingernut49
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21 Mar 12 #319272 by Gingernut49
Reply from Gingernut49
Thank you Sting. That''s very helpful. I was quoted over £1000 from one solicitor and I don''t have any money at all.
I emailed one solicitor and they said that a judge might accept seeing my tablet as evidence that he received the documents and I have a good photograph of it too.
What a pity he''s being such a ***** but I might have expected it. :-(

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21 Mar 12 #319274 by Gingernut49
Reply from Gingernut49
I have no money for solicitors which is why I''m doing it myself. I only have my state pension so I''m not having to pay for the divorce.

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