What is the legal process?
Our partner law firm will manage your whole case from start to finish. The process for this type of divorce (where you do not know your spouse's address) is a little more complicated than for an uncontested divorce. Basically there is some extra work require at the beginning to build together enough evidence to convince the court that we have made every effort to locate your spouse before starting the divorce.
 | 1) Tracing Agent: If you have not already done so, we will instruct a tracing agent to undertake a number of standard searches (council tax database, electoral register, credit reference agencies etc) to try and locate a current address for your spouse. The tracing agent fees of £75 will be payable in addition to our fixed lawyer fee. |
 | 2) Other Enquiries: We will work with you to compile a file of evidence to show that we have exhausted all reasonable avenues in searching for your spouse (family and friends, facebook, ads local paper, employer enquiry etc). |
 | 3) Dispense with Service application: We will complete a court application form for dispensing with service and draft a divorce petition. |
 | 4) Submit Petition: We submit the deemed service application and divorce petition document to the court. At this point you need to pay a £550 court fee (unless you are exempt due to low income). |
 | 5) Decree Nisi: Once the court approves the dispense with service application, we will apply to the court for a Decree Nisi. A judge will review the application and provided everything is in order then the divorce will be approved in principal and the Decree Nisi issued. |
 | 6) Decree Absolute: The Decree Absolute is the final certificate that legally ends the marriage. We can apply for this on your behalf 6 weeks after the Decree Nisi. We will provide you with a copy of this final certificate and you are then officially and legally divorced. |
