Divorce is rarely straightforward but if your spouse has disappeared, you may feel like you’re stuck. Perhaps you separated years ago, they moved abroad or you lost contact entirely. Whatever the reason, it’s still possible to legally end your marriage in the UK – even if you have no idea where your partner is.
In this guide, we’ll explain what to do if your spouse is missing, how to start divorce proceedings without their cooperation and what steps the court requires before allowing your case to go ahead. We’ll also discuss how a free 30-minute consultation can get the process started with ease. You don’t need to stay legally married just because your spouse has vanished.
Can you get a divorce if your spouse is missing?
Yes – the courts in England and Wales recognise that some marriages break down with one party no longer contactable. You can still file for divorce as long as you meet the jurisdiction criteria, even if your spouse doesn’t respond or can’t be found.
To proceed, you’ll need to make every reasonable attempt to locate them. If those efforts fail, you can ask the court for permission to either serve the papers in an alternative way or skip the service requirement entirely.
Who can apply for divorce in the UK?
You can apply for divorce in England or Wales if:
- You are habitually resident in England or Wales
- You have lived in England or Wales for at least a year
- You are domiciled here (meaning it is your permanent home)
Your spouse does not need to live in the UK or have British nationality for the court to accept your application.
How to start the process
The divorce process starts in the usual way:
- You submit a divorce application online or through your family law solicitor
- You provide your marriage certificate (translated if not in English)
- You give your spouse’s last known address, even if it’s outdated
The court will issue your application and send it to the address provided. If it’s returned or there’s no response, further steps are needed.
Step 1: Try to find your spouse
The court expects you to make genuine efforts to locate your spouse. This may include:
- Contacting mutual friends or family
- Searching social media platforms
- Using a professional tracing agent
- Checking the electoral roll or old tenancy agreements
- Searching government records or online databases
You should keep a clear record of what steps you’ve taken. This will be important if you later apply to proceed without serving your spouse.
Step 2: Apply for substituted service or dispensation
If you still cannot find your partner, your solicitor can apply to the court using a D11 form. There are two main options:
Substituted service
This allows you to serve the divorce documents in another way – for example, by:
- Text or WhatsApp
- Posting to a relative’s address
- Publishing a notice in a newspaper
The court will only grant this if there’s a reasonable chance your spouse will see the papers through the alternative method.
Dispensation of service
If there is no realistic way of contacting your spouse, you can ask the court to dispense with service entirely. This means the divorce can go ahead without your spouse seeing or acknowledging the application.
You’ll need to provide a statement explaining everything you’ve done to try to locate them. If the court is satisfied that all reasonable efforts have been made, they may approve your request.
What happens next?
Once service has been dealt with (or waived), the divorce continues like any other no-fault divorce in England and Wales. This includes:
- A 20-week reflection period after the application is issued
- Application for the conditional order (previously called decree nisi)
- A further six-week waiting period
- Application for the final order (previously called decree absolute)
Once the final order is granted, your marriage is legally ended – even if your spouse has never been involved.
Can you deal with finances if your spouse is missing?
Yes – but it can be more complicated. You can apply to the court for a financial order, including the division of assets or spousal maintenance, even if your spouse is not present.
However, enforcing the order may be difficult unless your spouse is located and complies. If they own property in the UK, you may be able to secure your share through a court order or sale. If the assets are abroad, your solicitor can advise on enforcement options in that country.
What about children?
If children are involved and your spouse cannot be found, you may need to apply for sole parental responsibility or formal child arrangements through the court. The court will prioritise the child’s welfare and make orders that reflect their best interests.
If you are worried about legal responsibilities, travel or making decisions on your child’s behalf, a local divorce solicitor can help clarify your rights.
Do missing spouse divorces take longer?
They can – especially if you need to go through the substituted service or dispensation process. Gathering evidence of your efforts to locate your spouse and waiting for court decisions can add a few extra weeks or months.
However, once approved, the rest of the divorce follows the same timeline as any other. You can find out more in ‘How Long Does a Divorce Take?’.
Get expert help with missing spouse divorce
Trying to divorce a spouse who cannot be contacted may seem overwhelming – but you don’t have to go through it alone. At Osbourne Pinner Solicitors, we have helped many people in similar situations successfully end their marriages, even when their partners were missing, abroad or unwilling to engage.
We’ll guide you through the process from start to finish, help you prepare the right documents and apply to the court on your behalf. The first step is to arrange a 30-minute consultation with our family law solicitors. In this free session, we can start to understand your circumstances and advise on the best course of action – without any obligation.
Consultations take place at your choice of our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester City Centre. You can also talk to us via video call if you’re based in another location. To get started, call 0203 983 5080, email [email protected] or use the form below.
