Divorce Petitions - service

FPR 2010 Practical Tips series #5

How to make an application to serve the Respondent in a different way.

Part 18 application

The Petitioner should make an application under Part 18 FPR 2010 - application form D11 can be found here

The Petitioner asks the court to either allow the Petitioner to serve the Respondent at a different place or by a different method.

Details of the different place and the Respondent's connection to it should be given.

Or if the application is serve the Respondent by a different method, the court will want to know if it is certain that the Respondent will receive the documentation by that method.

The fee is £90* (a fee exemption form can be completed and submitted if the Petitioner is of limited means).

The Judge who receives the application form will consider whether there is "good reason" to allow service of the paperwork at another place or by another method. The only way the Judge will have "good reason"  if the application form has sufficient information to persuade the Judge.

When to make the application

The application can be made BEFORE the Petitioner serves the Petition at the other place or by another method.

OR

The application can be made AFTER an attempt to serve at the other place or by the other method.

The Petitioner stands a better chance of persuading the Judge to allow service at another place or by another method if an attempt to serve has elicited a response of some kind.

For example - Email service to a Respondent in Nigeria was successful when the Judge was informed that the Respondent had given that email address ot the Petitioner's solicitor and the email sent was opened and a "read receipt" was produced.

*Correct in September 2012