Q&As

If a respondent’s home address and place of work are unknown to the petitioner, is it possible for the respondent to be personally served when they attend a court appointment in relation to separate court proceedings?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 20/08/2018

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

  • If a respondent’s home address and place of work are unknown to the petitioner, is it possible for the respondent to be personally served when they attend a court appointment in relation to separate court proceedings?

If a respondent’s home address and place of work are unknown to the petitioner, is it possible for the respondent to be personally served when they attend a court appointment in relation to separate court proceedings?

It is assumed that this Q&A is asking about personal service of a divorce petition, given the reference to the ‘petitioner’. In the first instance, a divorce petition will usually be served by first class post on a respondent, although Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.4 provides that it is permissible to serve a divorce petition by way of the following other options:

  1. personal service in accordance with FPR 2010, SI 2010/2955, 6.7

  2. other service which provides for delivery on the next business day in accordance with FPR 2010, PD 6A

  3. where FPR 2010, SI 2010/2955, 6.11 applies (where the respondent has a solicitor acting for them, and the applicant has been notified in writing that the solicitor is instructed by the respondent to accept service

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