Divorce can be complicated enough when both parties are involved. But what happens if your spouse is missing – and you have no way of contacting them? Whether they’ve left the country, changed their name or disappeared entirely, you may still be able to legally end your marriage.
In this article, we’ll explain how to get a divorce in the UK when your spouse cannot be found, what steps you need to take to try and locate them and how the court can allow the divorce to proceed without their involvement. If you’re in this situation, know that you’re not alone. There is a clear legal path forward, made easier with a free consultation – as we’ll discuss below.
Can you get divorced if you don’t know where your spouse is?
Yes – you can still apply for a divorce in England or Wales even if you do not know your spouse’s current whereabouts. However, the process will be slightly different. Normally, a copy of the divorce application must be served to your spouse so they have the chance to respond. If they are missing, this may not be possible – but that doesn’t mean the divorce can’t go ahead.
Instead, the court will ask you to show that you’ve made reasonable efforts to find your spouse. If those attempts fail, you can ask the court for permission to either serve the papers in an alternative way or dispense with service altogether.
Step 1: Apply for divorce as usual
You start the divorce process in the usual way. You can apply online through the government’s divorce portal or ask a family law solicitor to handle the process on your behalf.
You’ll need to:
- Provide your spouse’s last known address (even if it’s outdated)
- Upload your original marriage certificate
- State that the marriage has irretrievably broken down
This begins the legal process – and the next step is to serve the application to your spouse.
Step 2: Attempt to locate your spouse
Before the court will allow you to proceed without your spouse’s involvement, you must make genuine efforts to locate them. This may include:
- Contacting mutual friends or family
- Searching online or using social media
- Checking the electoral roll
- Using professional tracing agents
- Reviewing past addresses or employment records
These actions should be documented. You may need to provide a statement to the court showing the steps you’ve taken.
Step 3: Apply for alternative service or to dispense with service
If you still cannot locate your spouse, you have two main legal options:
1. Apply for substituted service
This means asking the court for permission to serve the divorce application in a different way – such as by email, social media or sending it to a friend or family member of your spouse.
This is only granted if you have good reason to believe that the alternative method is likely to bring the documents to their attention.
2. Apply to dispense with service
If you have no idea where your spouse is and no realistic way of contacting them, you can ask the court to dispense with service altogether. This means you do not need to serve the papers – and the divorce can proceed without their involvement.
To do this, you’ll need to submit a written application to the court (a D11 form), along with a detailed statement explaining your efforts to locate your spouse. Your local divorce solicitors can help with these steps.
Step 4: Wait for the court’s decision
The court will review your application and may request additional information or clarification. If your request is accepted, the divorce can move forward without needing your spouse’s response.
If the court feels you haven’t done enough to locate them, you may be asked to make further attempts. In some cases, you may be referred to a solicitor or tracing expert for assistance.
Step 5: Proceed with the divorce
Once permission is granted, the process follows the standard no-fault divorce timeline:
- A 20-week reflection period begins after your application is issued
- You then apply for a conditional order (previously known as a decree nisi)
- After a further six weeks, you can apply for the final order (previously known as decree absolute)
Once the final order is granted, your marriage is legally dissolved – regardless of whether your spouse was involved.
What if your spouse reappears later?
If your spouse resurfaces after the divorce has been finalised, they cannot undo the divorce. However, issues may arise if:
- You have children together and custody arrangements weren’t addressed
- You need to sort out finances, pensions or property
- They challenge the validity of the divorce due to lack of service (which is rare if the court followed due process)
To prevent complications, it’s important to complete your divorce with the correct legal advice and documentation in place.
Can you get a financial settlement if your spouse is missing?
Yes – in some cases, you can still apply for a financial order even if your spouse cannot be located. However, without their participation, the court’s ability to enforce any decision may be limited.
If there are jointly owned assets, property or debts, your solicitor can help you explore the options for protecting your interests and obtaining a fair outcome.
Speak to a solicitor if your spouse is missing
Divorcing a missing spouse can feel overwhelming but it is entirely possible with the right guidance. At Osbourne Pinner Solicitors, we specialise in handling complex divorce situations – including when one party is overseas, uncontactable or unwilling to engage.
We’ll help you gather the necessary evidence, apply for dispensation and complete your divorce as efficiently and stress-free as possible. That starts with a free 30-minute consultation, allowing us to advise you on the best course of action without any obligation.
You can visit us at our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre or speak to our team on a video call. To arrange your free chat, call 0203 983 5080, email [email protected] or use the form below.
