Will court accept this as "proof" of divorce petition being "served"

[astrid791]

Ok... So the only current contact details for my estranged husband is a mobile number in a foreign country. This was given to me by a mutual contact who has no other contact details for him (I did ask).
So... I messaged my husband on WhatsApp, attached the divorce petition documents and also typed up a message giving the online access details (in case he prefers to respond online).
Husband replied to me a few days later, just with a greeting in his native language (which I also speak). Basically the equivalent of "hello".
He made no comment on the documents/divorce petition I had sent him and hasn't (yet) replied with any further comments/acknowlegement.
He's unlikely to be compliant with the divorce process.
Would the court accept his "hello" in response as "proof" that he's received the petition?

Possibly, provided you have proof that it's his number.

I've just rang the 0300 303 0642 advice line and was told by the operator that I'd need to apply for the judge/court's permission for "Alternative Service" (D11 form) if serving the divorce petition via WhatsApp.
I thought an applicant is allowed to serve the petition by whatever means possible? Especially when the respondent's whereabouts aren't known and an applicant only has very sketchy contact details for them.
Can anyone confirm if this is the case?

I know nothing about divorce law so hopefully it’s more flexible, but in commercial litigation, no, that’s not how it works for service in a foreign country. In commercial litigation you (a) need the court’s permission to serve out of jurisdiction; and (b) often have to go through the Foreign Process Office (especially post-Brexit).

Ideally you’d instruct a family lawyer specialist to do this for you, but if you can’t afford that, I’d do exactly what the advice line told you. Might be worth trying a legal advice centre too.

Sorry I misssed the bit about him being abroad.

This makes it extremely complicated for you. You must now research rules of service in the country he’s living in because you must now propose a method of service consistent with the laws of that country.