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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my wife and i have been sepereated for 5 yrs , 3 lots of papers

Resolved Question:

my wife and i have been sepereated for 5 yrs , 3 lots of papers have been served, and now a bailif has been payed to serve but he cant get hold of her , what can be done now thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

Are the Bailiffs chasing you for your wife's debts?

Kind regards

AJ
Customer: replied 3 years ago.

no this is just for the divorce , to my knowledge she does not have any debt. this is just to serve divorce papers which started last june .and am now really infuriated as i need for this to be finalised asap


i have filed a 2 year seperation , with no luck, then i filed a 5 yr seperation, still no luck , and have now payed for a baillif to serve her and he cant find her although she resides at the address and is not on holidays , she is avoiding him at all costs , thankyou


 

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If not done already, you should also appoint a tracing agent or a detective to try and track down your wife and if you still cannot find her, you may apply to the court for an order to dispense with service in which case you will be free from the obligation to serve her with the petition.

However, you will need to show the court that you have made every effort to serve her in the first place which you can show you have tried since 3 years ago at the 2 years separation mark.

Hope this helps
Expert:  Clare replied 3 years ago.
Hi
If you can prove that she lives at the address you have for her - using the Electoral Roll or any other evidence that you have - then you can ask the Court to agree to deemed service on the basis that the papers have been left at the last address she was registered as having.
This is done using a Form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
or you can apply to dispense with service using the form here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d013b-eng.pdf
The only evidence that will be relevant is evidence that you have RECENTLY instructed an Enquiry agent to trace her
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you