Q&As

A respondent in divorce proceedings has filed a confidential address form. Must the petitioner's solicitors thereafter use that address for service (via the court) in relation to negotiations on financial issues? The petitioner's solicitors have obtained details of the respondent's whereabouts and actual address and residence via an enquiry agent. Are the petitioner's solicitors under a duty disclose to the respondent that they know the respondent’s address?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/12/2018

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A respondent in divorce proceedings has filed a confidential address form. Must the petitioner's solicitors thereafter use that address for service (via the court) in relation to negotiations on financial issues? The petitioner's solicitors have obtained details of the respondent's whereabouts and actual address and residence via an enquiry agent. Are the petitioner's solicitors under a duty disclose to the respondent that they know the respondent’s address?

It is sometimes the case that a party in family proceedings will wish to keep their address confidential. This will often arise where there has been domestic violence and one party has left the family home. There may be other reasons why a party does not wish the other party to know their address.

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.1 deals with this situation. FPR 2010, SI 2010/2955, 29.1(1) provides that a party is not required to reveal, among other things, their home address or other contact details, unless the court directs otherwise. Where a party does not wish to reveal those details, FPR 2010, SI 2010/2955, 29.1(2) requires that the party give notice of those particulars to the court, which will not be revealed to any person unless the court directs otherwise.

As a party is not req

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