Posted 18 Feb, 2025

Divorce is rarely a straightforward process, but it becomes even more challenging when one spouse cannot be found. If your husband or wife is missing, you may wonder whether you can proceed with a divorce in England and Wales. The good news is that the law allows you to obtain a divorce even if your spouse is absent, but specific legal steps must be followed.

Can You Get Divorced If You Can’t Find Your Spouse?

Yes. Under the Matrimonial Causes Act 1973, you can still apply for a divorce even if your spouse is missing, as long as you meet the jurisdictional requirements and can prove that your marriage has irretrievably broken down under the no-fault divorce system introduced in April 2022. However, you must make reasonable efforts to locate them before proceeding with alternative legal options.

Step-by-Step Process for Divorcing a Missing Spouse

1. File a Sole Divorce Application

Under the Divorce, Dissolution and Separation Act 2020, you can file for divorce as a sole applicant. You will need to provide details about your marriage, including the date and place of your wedding, and confirm that the relationship has permanently broken down.

2. Attempt to Serve the Divorce Papers

Once the divorce application is issued by the court, the next step is to serve the divorce papers on your spouse. Typically, this is done via email, post, or personal service by a process server or bailiff. If your spouse cannot be located, you must make reasonable attempts to find them.

Efforts to locate your spouse may include:

  • Contacting their last known address or workplace

  • Checking with family, friends, or social media

  • Searching electoral roll records

  • Hiring a professional tracing agent

3. Apply for Alternative Service

If your spouse remains untraceable, you can apply to the court for alternative service methods, such as:

  • Sending documents via email or social media (if previously used by the spouse)

  • Serving papers through a friend or relative

  • Sending documents to their last known workplace

To do this, you must submit Form D11 (Application Notice) explaining your attempts to serve them through standard means and why an alternative method is necessary.

4. Apply for Dispensed Service

If all attempts to serve your spouse fail, you can apply for dispensed service, meaning you can proceed without formally serving them. You will need to provide evidence that you have made all reasonable efforts to locate them. To apply, you must:

  • Complete Form D13B (Application for Dispensed Service)

  • Provide a witness statement detailing your search efforts

  • Submit supporting evidence such as letters from tracing agents or social media searches

If the court is satisfied that your spouse cannot be found, they may grant dispensed service, allowing the divorce to proceed without their involvement.

5. Proceed with the Divorce

Once dispensed or alternative service is approved, you can continue with your divorce as usual. The process will follow the standard no-fault divorce timeline, which includes:

  • A 20-week reflection period after the application is issued

  • A conditional order (formerly known as a decree nisi)

  • A final order (formerly decree absolute) six weeks later, legally ending the marriage

At the end of this process, your divorce will be finalised, even if your spouse was never located.

What About Financial Settlements?

A divorce itself does not settle financial matters. If your missing spouse is still entitled to claim against your assets, you may need to apply for a Financial Order from the court. In some cases, the court can issue a Financial Remedy Order in their absence if it is considered fair.

Why Legal Advice is Essential

Handling a divorce when your spouse is missing involves additional legal complexities. Seeking guidance from a family law solicitor ensures that:

  • All necessary steps are correctly followed

  • The court accepts your application for alternative or dispensed service

  • Your financial position is protected from future claims

If you need to divorce but cannot locate your spouse, Endeavour Law can assist you in navigating the legal process and ensuring the best possible outcome. Contact us today for expert advice on your situation.