Decree Nisi

littlemiss_pretty

My solicitor rang me today to tell me that the judge has refused the service and wants further evidence
As the respondent was not a british national the judge is asking for the papers to be served at his overseas address but i don't have any address for him as he never told me. I don't know any of his friends here as he never introduced me to them as for his family i don't know anything about them.
I met him on a dating website and decided to marry him after 9 months only to find out he was after a visa from me shortly after getting married.
I feel so stuck now and don't know what to do. Please advice.
Many thanks

littlemiss_pretty

I have made all the enquiries here such as writing to his employers,checking with his bank,writing to home office but all the organisations can't give me any information due to data protection. I even paid hefty fees to the process server to run checks on him but they all came back showing that he has left the country.
I know the judge wants to see that the petition has been served on respondent to be fair (even though he messed me about and was a right p****) but what am i suposed to do if i don't have any information or any addresses?
I am really upset right now as this has been going on for a year and i feel really down and depressed.

Nicki

Do you really have no information which might help track him down?

Full name
Country of origin
Rough idea where in that country he grew up
University or school he attended
Facebook search
Internet dating site you met him on - is he still posting on it? Or another internet dating site. If he used a username, have you searched that username to see if he is posting on other sites

If you make some further stringent efforts to track him down in his country of origin, then you will be better placed to go back to court again with detailed evidence that it has not been possible to trace him and try again for an order dispensing with service. Make sure you keep notes of everything you try and print out all your internet searches and keep receipts of any expense incurred trying to find him so you can show you have made the best effort possible.

meritaten

if a divorce isn't possible, or is too lengthy a process, could you not try for an 'annullment' of the marriage? sounds to me like he married you under false pretences.

Nicki

meritaten wrote: »

if a divorce isn't possible, or is too lengthy a process, could you not try for an 'annullment' of the marriage? sounds to me like he married you under false pretences.

OP said earlier in the thread that her application for annulment was dismissed already. However even if it hadn't, she would still need to prove to the court that she had served the annulment proceedings on her husband so that would not get her any further forward

littlemiss_pretty

Thanks Nicki, i honestly don't have any information as never told me about his address abroad and it never occured to me to ask him. His parents didn't attend the wedding because of visa and money issues. He didn't invite any of his friends to the wedding. I do have information on which school he attended abroad but that's about it and that's only because he gave me his c.v to help him find a job.
His mobile number in U.K doesn't work. I have tried finding out about him here and all the searches show he has left the country.

Surely if the home office has curtailed his visa and can't give me any other information the judge or court can request his details directly from home office?

I have been reading up online about it and it says that if you can't locate your spouse and have made the reasonable attempts to find him the court will dispense with service. I don't know what the court wants me to do in order to find his address abroad.

Nicki

The court won't do anything like that under its own steam. You would have to apply for an order against the home office requiring disclosure and you may not have legal grounds to get one. You know he's not in this country so any more evidence about not being able to find him on the UK is not going to get you any further. You need to show some evidence of how you've looked for him in the country of origin so Facebook searches, internet searches, alumni pages of his university, letters to his former employers in his country of origin etc. you don't have to succeed in finding him you just have to succeed in convincing the court that you personally have done all you possibly can to do so and you obviously haven't passed that threshold yet in the eyes of the judge who refused your decree nisi

mgdavid

phone your nearest BIG public library, see if they have a research assistant there. If they have, they should be able to turn something up on the net if you make an appointment and take every shred of detail you have with you. Or perhaps you have a geeky friend who can do similar. You'd be amazed at what's on the net but you need certain skills to find it.

littlemiss_pretty

Thanks Nicki and Mgdavid really helps.

I am just reading the letter again from the Judge and it says that "The Judge has not allowed to dispense with service. The Court has directed that further evidence is required whether any efforts have been made to serve the petition on the Respondent or his family in Pakistan." Respondent was born in Abu Dhabi but had pakistani passport because his parents are pakistani (i don't know what abu dhabi law is on nationality etc)


The home office documents i submitted along with the petition states respondent's name, date of birth and Pakistan because he had pakistani passport. I am not sure if i should write to the judge/court and tell them he never lived in pakistan or just instruct an enquiry agent to trace him abu dhabi?


I have quotes from 2 tracing agents so far 1 will charge £600+vat and the other will charge between £350-£450 plus vat


I feel stuck, what was i thinking marrying someone like that.

Nicki

Personally I would do a basic search against his full name and date of birth in both Pakistan and Abu Dhabi and then produce these to the judge on a reapplication to dispense with service alongside a statement from you saying to the best of your knowledge despite having a Pakistani passport he has never lived in Pakistan.

Is your own solicitor not advising you on this though?