In order to get a divorce you have to prove that the marriage has irretrievably broken down and show sufficient evidence on the basis of one of the five facts listed below:

1.      Adultery

2.      Unreasonable Behaviour

3.      Two Years' Separation with Consent

4.      Five Years' Separation

5.      Desertion (this only applies after the parties have been separated for a continuous period of two years or more).

You say that you have not seen your husband for three years but it is not clear if you have been separated from him for longer than that.  If you have been separated for more that five years you can file for divorce based on five years separation which does not require your husband’s agreement to the divorce.  If you cannot locate him and you can satisfy the Court that you have tried everything  to find him, then the Court can make an Order dispensing with service of the papers on your husband. In order to do this you would need to make an application to the Court for an Order dispensing with service attaching your sworn Affidavit setting out the various ways in which you have tried to trace your husband.  This application will attract a further Court Fee of £80.  

However, if you have not been separated for more than five years but you believe that your husband would agree to a divorce on the basis of two years separation then it may be worth your while making a few enquiries to try and find his new address.  It is possible to do a search of the Electoral Roll on-line or you could instruct one of the private investigation agencies who offer a “no find, no fee” service. 

If you do not think your husband is going to agree then your other options would be to petition on the basis of your husband’s unreasonable behaviour or adultery if you have grounds to do this. 

A Petition based on unreasonable behaviour does not require your husband's agreement as long as it can be proved that he received the divorce papers and there are various ways of doing this, including having him personally served.  A Petition based on adultery also does not require your husband’s agreement as long as the adultery can be proved, for example your husband has a child by a new partner.

If you do not have grounds for a Petition based on unreasonable behaviour or adultery then unfortunately it will be necessary for you to wait until you have been separated for five years.

We can refer you to a firm of solicitors that offer a fixed fee divorce service, in the first instance they can call you and discuss the service further on a no obligation basis and without charge. Please e-mail if you would like us to make this referral.  

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