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Original poster

A pain in the bum international divorce one

13 replies

katscamel · 14/02/2022 11:26

No idea if anyone can help with this.... 10 years ago when living overseas I ended up meeting and marrying a local and then separating 3 or 4 months later. I moved to a different country... and then another 2 over the years. 4 or 5 years ago I returned to the UK and got round to applying for a divorce and I can't remember the legal terminology but something to do with the fact I didn't have an address for him for papers to be sent.
This was rejected and was told I had to provide an address. I admit that apart from a Facebook message I sort of gave up. I just want some advice as to where to go from here..... he has no links in the UK, I have no idea where he lives in the country he is in, physical addresses aren't the same as postal addresses and I don't know any of his friends or family's details. Any ideas??

OP posts:
Collaborate · 14/02/2022 11:34

More effort (ie 1000x more than a quick shufty on facebook) needed to trace where he is. You're not going to get anywhere if you don't show you've exhausted all avenues of investigation.

Mumsgirls · 15/02/2022 23:03

I had similar and took legal advice. Was told that you have to ask a court to serve divorce papers on the uk embassy of his home country. So probably need a decent solicitor. In the meantime have you made a will ?

Collaborate · 16/02/2022 05:31

Documents to be served abroad must be served in a mannner that is lawful according to the laws of the country in which service is to be effected.

If service via foreign agency is available that still does not negate the need for an address to be given in the petition.

gonnabeok · 16/02/2022 06:42

You need to employ a private investigator to find out where he is living.

Lunde · 16/02/2022 10:33

Which country?

How common is the name? Have you tried a simple google of it? Plus dob or age?

Are there official sources of information that you can search? Births, marriages, deaths, etc Is it a country where you have to register your residence or for taxes etc? Do you know what industry he works in? Did you meet or visit with any family members?

Original poster
katscamel · 18/02/2022 00:15

It's an African country that's still part of the Commonwealth and he is from that country. He works as a freelance guide so no idea who he works for and the info isn't online.
I've tried looking up his brothers on fbk but nothing has come up.
Paying for a solicitor I know is going to cost a fortune which I don't have, not in the highest paid job in the world.... ok admittedly part of this is also stubbornness as I do feel very resentful having to fork out a fortune to find the idiot etc.
It's just so very frustrating. I live overseas and not often back in the UK which makes it more difficult as far as paperwork goes.
@Mumsgirls, I do have a will so that's something.

OP posts:
MrsBertBibby · 18/02/2022 09:33

If you don't live in the UK you may not be entitled to a divorce here. Why are you not divorcing in the country where you live?

Collaborate · 18/02/2022 10:05

@MrsBertBibby

If you don't live in the UK you may not be entitled to a divorce here. Why are you not divorcing in the country where you live?
+1 100%
Original poster
katscamel · 18/02/2022 10:09

Why wouldn't I want a UK divorce as its where I live most of the time (sorry if that wasn't the way it came over).. and yes I am entitled to use UK divorce procedures. Trying to do anything in a language I don't understand makes everything even far more difficult Grin

OP posts:
MrsBertBibby · 18/02/2022 14:48

I live overseas and not often back in the UK

Funny way of saying you live here most of the time.

It isn't a question ofvyou wanting a divorce in one of the UK jurisdictions. It's a question of whether you can lawfully seek one.

Look at the case of Rapisarda v Colodon where scores of overseas couples had their divorces rescinded for that reason. Several had remarried, and those remarriage became invalid. So it's important to get it right.

MrsBertBibby · 18/02/2022 14:50

www.familylawweek.co.uk/site.aspx?i=ed133273#:~:text=Judgment%20by%20the%20President%20in,set%20aside%20and%20petitions%20dismissed.

Link to case.

DelphiniumBlue · 18/02/2022 15:02

Yes, you will have to find an address - you can pay an investigator, or follow it up yourself.
So if he is a guide, maybe the places that he shows visitors around will know of him. Maybe you know where he used to live, you or an agent could contact neighbours, maybe someone in his family is in a trade association or is an alumni of a local school or university.
It is possible to have service deemed in some circumstances, but realistically you will have to show you've exhausted all reasonable avenues to trace him.

Original poster
katscamel · 18/02/2022 15:20

@MrsBertBibby lawfully I can apply for a UK divorce..... thats all checked out. I'm back in the UK,usually a couple of times a year as my work is overseas. I know you were trying to help and much appreciated but the cases you mentioned were deliberate fraudulent ones.
@DelphiniumBlue unfortunately the last address I had for him was the house we shared many many years ago....as the company I worked for paid the rent he had to move out when I was sent to work in a different country. No idea where his brothers went to school and have lost touch with the remaining contacts I had (not related to/friends of his) as we have all moved away.
There do seem to be other options that need investigating...LinkedIn and oddly enough Facebook having been used in cases but do things it's going to be a horrendously expensive task so will just have to wait for a lottery win.

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