Sending Form A as Litigant in Person

[HotCupOfNo]

Hello,

My ex husband is refusing to sign a clean break order and so I have applied for a financial remedy order to sever financial ties with him.

I was sent a duplicate of my Form A and a letter by the court to 'serve' him with, and was advised to do this via recorded delivery. A delivery attempt was made on Monday and then again today, but the documents have gone back to the sorting office. He is the kind of person to never go and pick it up, and I am now wondering what I do if the documents get returned to sender?

He was and is abusive. We are low contact and discuss matters to do with our son via a dedicated app. I am acting as litigant in person as it is a very uncomplicated financial situation which does not warrant a solicitor (Something I have had confirmed to me by my solicitor, who acted for me in child proceedings).

Thanks a lot in advance for any help

R9.12 (1) (b) FPR says the Court serves form A, not the applicant. Why has the Court told you to serve him?

@MrsBertBibby it says in my letter that I need to serve him using recorded delivery? From a quick google that looks like common practice

That's not right at all. The court will send out the sealed application and directions order to the address that they have for him. That will be his address as it appears on the divorce petition.

I suggest you speak to someone at court and make sure they've done this. Quote R9.12 (1)(b) to them if they still think you should do it. Chances are they've already posted it to him.

And recorded delivery is not a recognised form of service.

@Collaborate this is the letter from the courts

Well they are wrong.

Here is the Family Procedure Rules, r9.12 is the bit you need.

www.justice.gov.uk/courts/procedure-rules/family/parts/part_09#IDAT0KMC

See also r6 which deals with service : recorded delivery is not a permitted method.

The Court can depart from these rules but they need to explain why. This looks like they are making it up as they go along.

I suggest you write to the court and ask them to explain why they are departing from the rules.

Is there anyway this could affect the actual hearing? I will speak to them on Monday but I am now panicking. I don't know how to get the paperwork back that's now just sitting at the sorting office waiting for my ex husband to collect.

If he fails to attend, and the court isn't satisfied he was adequately served with the papers, then it will re-issue the directions for Form E etc, and re-list.