Legal Question in Family Law in United Kingdom

Re: seperation from south africa

Hello. Thank you for your question to Law Guru concerning your mother's marriage.

Although your mother's husband deserted her some 13 years ago it appears that she is still married to him. She is therefore not free to remarry and should she do so the new marriage would be not only invalid but she would be committing a criminal offence. It is essential that she takes steps to have this marriage dissolved before she remarrys. It would appear quite clear that she has sufficient grounds to show that the marriage has irretrievably broken down and that accordingly she is entitled to the pronouncement of a decree of divorce. The petition could in all probability be based on desertion or on five years separation.

The difficulty which will present itself is as to service of the petition upon her husband. She must take all possible steps to advise him that a petition for divorce has been issued. These should include an advertisement in a newspaper circulating in the area where he was last known to live. A sworn statement should then be filed with the court showing all the steps taken to bring notice of the issue of a divorce petition to his attention, and an application that formal service of the petition be dispensed with.

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