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Substituted service and dispensation of service

Information about how to apply for substituted service or dispensation of service orders.

  • Warning

    Warning

    Asking the Court for substituted or dispensation of service orders may delay your divorce application. 

Substituted service

The rules of service are very strict. If you can’t serve your Application for divorce on your spouse, you must ask the Court for permission to:

  • serve them in a different way (substituted service), or
  • not serve them at all (dispensation of service). 

If you don’t serve your spouse, and you don’t apply for substituted or dispensation of service orders, the Court may adjourn or dismiss your application. 

If you can’t serve your spouse by hand or by post but are still able to contact them, you must ask the Court for permission to serve them by a different method. This may include serving them:

  • via Facebook or email
  • through a friend or relative of your spouse
  • by placing a notice in a newspaper, for example, the Daily Telegraph.

If the Court is not satisfied that you have taken all reasonable steps to find your spouse, it may adjourn your application and ask you to try again.   

If you are concerned about your residential address being disclosed to your spouse or are afraid to contact them, you should get legal advice.

For more information, see Apply for substituted service orders.

Dispensation of service

If you don’t know where your spouse is and you have not been able to contact them, you must ask the Court to make an order dispensing with service. 

The Court will only make this order if it is satisfied you have made all reasonable attempts to contact and locate your spouse. This includes trying to contact them via email, social media, through friends and family, or their employer. 

If the Court thinks you have not made all reasonable attempts to contact and locate your spouse, it may adjourn your application and ask you to try again.

You will need strong evidence for the Court to dispense with service. You should consider substituted service first.

If the Court thinks there is a way you can serve your spouse, it may make Substituted Service Orders instead of Dispensation of Service Orders.

If you need help to apply for substituted service or dispensation of service orders, you should get legal advice.

For more information, see Apply for dispensation of service orders.