There are certain circumstances where you can divorce your partner without them knowing. If a spouse is unaware of where the other lives, and they are unsuccessful in finding them following a comprehensive search, they may be allowed to end the marriage or civil partnership. However, if the applicant has these details, then their ex-spouse should be properly notified about the divorce application in accordance with the relevant legislation.
There are certain circumstances where you can divorce your partner without them knowing. If a spouse is unaware of where the other lives, and they are unsuccessful in finding them following a comprehensive search, they may be allowed to end the marriage or civil partnership. However, if the applicant has these details, then their ex-spouse should be properly notified about the divorce application in accordance with the relevant legislation.
If you have a family issue and you require legal advice to understand your options, contact specialist family law solicitor Rebecca Calden-Storr of Stowe Family Law. With over 20 years’ experience, she is regularly instructed on matters arising from relationship breakdown, including divorce, financial disputes, complex assets, and disputes relating to children.
There are no circumstances where you could simply choose not to let your ex know about the divorce, no matter the history of your relationship. This is important because without this rule, the divorce process would be exposed to fraudulent divorce cases. For this reason, allowing a divorce to go through without an ex’s involvement is extremely rare, but read on to find out how, in certain cases, people can be/get divorced without knowing.
What are the circumstances that lead to someone being divorced without knowing?
Usually divorce applications are sent by the court office via first class post. However, if the application is served whilst you are away on holiday or to the wrong address, there is a risk that your ex could have obtained a divorce without you knowing about it. Another possibility is that a neighbour took in the post and forgot to tell you, or your ex did not know your whereabouts.
What steps can be taken to find my ex so I can notify them of the divorce?
The court will expect an applicant who has had no contact with their ex and is not aware of their whereabouts, to have made every reasonable effort to locate them. There are several things you will need to do before the court will even consider rubber-stamping a divorce without the other party’s knowledge.
The court recommends that anyone finding themselves in such a position should contract their ex’s relatives, friends, their ex’s employer, professional organisations, write to their last known address/email address, or conduct an online search. You should also check the electoral roll, and if all else fails, consider employing the services of a private detective on a no-find, no-fee basis. You can also contact your local court office and ask them to liaise with other government departments such as HMRC or the Department for Work and Pensions to see whether your ex can be located. Although there is a small charge for this service.
If all the above is unsuccessful, then it is possible to ask the court to grant a divorce without any documents being sent to the other party.
How do I apply for a divorce without having my ex’s address?
If you want to apply for divorce but don’t know your ex’s address, you will need to complete Form D13B and send this to the court together with your divorce application. This is generally referred to as “dispensed service”, and allows a divorce to proceed despite the other party’s knowledge or lack of consent. Provided that a judge is satisfied you have made sufficient and reasonable efforts to locate your ex, they will allow the divorce to proceed without the need for them to be notified. In these cases, someone can be divorced and not even know about it.
How do you find out if you are divorced?
If you don’t know whether you are divorced or which court may have granted it, you can ask the Central Family Court to search for the decree absolute or final order. You should complete Form D440 and send it to the address on the form. This costs a relatievly small sum for each 10 year period searched.
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