Served divorce petition.. He doesn't understand it. Help

[astrid791]

After a lot of digging, I managed to get hold of a mobile number for my estranged husband (who is based abroad). So, I "served" the UK divorce petition to him on WhatsApp (attached the relevant documents and wrote a covering messages asking him to complete and return it to the court, also gave him access details to log on to do it online if easier for him - he's in a country with unreliable post). I should mention there's a big of a language barrier because he's been gone from UK for many years and I don't speak his native language.

With the help of Google translate he replied to acknowledge receipt of the documents, said he wants to help but doesn't understand a lot of the questions, and what's been asked of him.

I replied to the help to the best of my ability but he's not really "grasping" what I'm trying to explain. Not sure if he has any English speaking people around him in his country, but his English seems to have gone totally rusty.

Is this my issue? Or would the court/judge take the view that the onus is on him to either speak to a translator or ask for him from someone over in his country?

I've spent most of today back and forth with him on WhatsApp, it's getting really frustrating as he doesn't seem to understand much at all any more. Not sure if this is an act (he has form for deceit). There's a history of domestic violence from him too, so I'm finding all this back and forth contact quite triggering.

Will the court agree I've done my bit by serving him, so the rest is up to him to sort?

As far as I can see its been served and receipt has been acknowledged.

You may well need proper advice but I imagine that the ball is in his court now.

Surely you know his level of English - a second language doesn’t get that rusty quickly that he would be unable to understand you unless he was a v poor English speaker in the first place. How did you communicate? He’s pretending to be difficult I reckon.

Tell him to get his own legal advice and leave him to it.

You seem to have ignored the response I gave on your other thread about the same subject. https://www.mumsnet.com/talk/legal_matters/5439693-will-court-accept-this-as-proof-of-divorce-petition-being-served?reply=148380622

Look at rule 6.43(3) https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_06#IDAZROIC
You cannot serve by Whatsapp.

Translate the document via ChatGPT and send it to him along with the originals via email with a read receipt attached.

Won't work. I suggest you read the link I posted. If you do you'll see that nothing OP has done will be seen by the court as adequate service.

Can you not serve papers by email? That's bizarre

You cannot serve by WhatsApp OP.

You can serve papers by email if the other party is in the UK, provided you also send a notice by post confirming that you have served the papers by email. However, you cannot serve papers via WhatsApp and OP's problem is that her ex is not in the UK. Different rules apply if the respondent is not in the UK.

You might be able to serve via WhatsApp or similar service provided:

1. The recipient is in the UK.; AND
2. You obtain an order for substituted or deemed service.

If the recipient is not in the UK the rules are very clear and set out in OP's other thread.