Can I Serve Divorce Papers Over Social Media?

Someone opening their phone to serve divorce papers over social media.
Ravi Kaur Mahey
Legally reviewed by: Ravi Kaur Mahey In: Family

The Short Answer

In short, yes, but only with the court’s permission. In England and Wales, the primary methods of serving divorce papers are via email, through the post, or by a process server. Social media should only be used as a last resort, when all other contact options with the spouse have been exhausted. You must have permission from the court to use social media as a means of contacting your spouse to notify them of a divorce.

How Do Divorce Papers Get Served?

When you apply for a divorce as a sole applicant, the court’s primary method of sending the divorce papers is via email. This email contains a digital link to the divorce papers. In addition, the court will send a physical letter through the post, to notify them of the digital papers.

Email is used preferentially as it is the fastest option to contact your spouse. Online users are offered a step-by-step guide on how to correctly complete these forms, which further reduces delays and the need for corrections.

If you do not or cannot supply your spouse’s email address, then the divorce papers will be served via postal service. 

Do I Still Need to Provide a Reason for the Divorce?

No. Before April 2022, anyone applying for divorce had to prove one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation with consent
  • Five years separation without consent

However, the Divorce, Dissolution and Separation Act 2020 changed this, removing all five reasons. Today, the only ground for divorce is irretrievable breakdown. You no longer need to give evidence, or place blame on one person. Just a simple statement is enough.

This matters for how the papers get served too. The process is no longer focused on who is at fault, and the respondent can only dispute the divorce on three narrow grounds, not because they disagree with the reason given.

When Do Divorce Papers Get Served?

Under the Family Procedure Rules 2010, a divorce application must be served on the respondent within 28 days of the issue date. In most cases the court serves the application for you. Where the applicant serves it themselves, rule 6.6A sets that 28 day limit and rule 6.6B allows an application for more time. 

The respondent then has 14 days to respond to the application and file an acknowledgement of service, known as Form D10. This form will ask the respondent whether they want to dispute the divorce. Under no-fault divorce rules, they can only dispute a divorce on one of three narrow grounds:

  • If the court does not have the legal power to handle the divorce, e.g. if both parties are not living in England or Wales and have no ties to the country.
  • If the marriage was never legally valid to begin with, e.g. age rules, or partners are too closely related.
  • If the marriage has already been legally ended, e.g. by a divorce granted in another country.

What If My Spouse Doesn’t Reply by Email or Post?

If it isn’t possible to reach your spouse by email or post, then the applicant can send a process server. Process servers are people who deliver papers directly to the respondent’s address. They make sure that the documents are handed over properly and provide official proof of delivery.

You can also ask the court to arrange service by a court bailiff, using Form D89. The bailiff will try to hand the papers to your spouse in person, and the court will confirm whether service was successful.

Maybe you know the contact details of your ex’s relatives or close friends, in which case you could approach them for more information.

Alternatively, you might have an inkling about the day-to-day routine of your ex, such as their favourite shops, hobbies or places to eat. You could potentially send the bailiff or process server to one of these locations.

A process server or a court bailiff will give you proof of service. This can then be used as valid evidence to present to the court, whether or not your spouse has returned their Acknowledgement of Service.

If the use of a process server isn’t successful and all options have been exhausted, then the court may permit you to use social media as a means of communication. You apply for this on Form D11, asking the court for permission to serve by an alternative method. The court will want evidence that the account genuinely belongs to your spouse and that they are still using it. If the court refuses, the remaining option is to apply to dispense with service altogether. 

What If Your Ex Is Still Using Social Media?

If you still have your ex on social media and you see them actively using their account, which is undoubtedly managed by them, during the time when you are struggling to serve them with divorce papers, this would be worth mentioning to your solicitor or the courts.

If you have exhausted all attempts of reaching your ex and have attempted to track them down to no avail, yet they are active online, contacting them over social media may be your last valid resort.

Are You Confident Your Ex Is Active Online?

Important to note is that serving divorce papers via social media may only be possible when you are confident that they will see it.

Most social media apps have a feature which enables you to see when the other person has read your message or opened it at the very least.

When dealing with an avoidant ex, this may be enough proof to satisfy the judge.

Divorce can become an extremely difficult process, but you don’t need to worry. Our family law solicitors are here to help. 

Legal Disclaimer

All advice is correct at time of publication.