Process server In the UK / Internationally personal service of a divorce petition ensures the court is satisfied the respondent is aware of the proceedings. While the court typically handles service by post or email first, you will usually need to arrange for personal service through a professional process server or a court bailiff if the respondent doesn’t acknowledge receipt. 

The Process of Personal Service
  1. Court Attempts Service First: The court will typically first attempt to serve the divorce application (petition), notice of proceedings, and an acknowledgment of service form to your spouse via post or email.
  2. If No Acknowledgment: If the respondent doesn’t return the Acknowledgment of Service form within 14 days, the court will notify you (Notice of Non-Service). At this point, you may need to organise personal service yourself to prove they have received the documents.
  3. Who Can Serve: You cannot serve the divorce papers yourself, nor can a close friend or family member, as the server must be an impartial third party. A professional process server is recommended for reliability and speed, and will cost around £100 to £150.
  4. Instructing a Process Server:
    • You will need to obtain copies of the necessary documents from the court (Application for Divorce, Notice of Proceedings, and Acknowledgment of Service form).
    • Provide the process server with all relevant information, including the respondent’s full name, address, a photograph or description, and details about their work hours or lifestyle, to help ensure successful service.
    • The process server will make multiple attempts (usually up to three) to hand the documents directly to the respondent.
  5. Proof of Service: Once the papers have been successfully served, the process server will provide you with a court-compliant document called a Statement of Service (or Affidavit of Service/Certificate of Service). This is your evidence to file with the court to prove the respondent was served.
  6. Next Steps: After filing the proof of service, you can generally proceed with your application for a Conditional Order (formerly Decree Nisi), even if the respondent continues to ignore the proceedings. 
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