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The United Kingdom has four principal political subdivisions — England, Wales, Scotland, and Northern Ireland. When trying to serve U.S. divorce papers on a spouse living in the United Kingdom ("UK"), it is necessary to use the procedures set forth in what is commonly called the "Hague Service Convention" ("HSC").
The United Kingdom has four principal political subdivisions — England, Wales, Scotland, and Northern Ireland. When serving U.S. divorce papers on a spouse living in the United Kingdom (“UK”), it is necessary to use the procedures set forth in what is commonly called the “Hague Service Convention” (“HSC”). The official name for the international treaty is the “Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.” The UK was one of the original signatories to the HSC. If you need help with serving divorce papers in the UK, call us here at Ancillary Legal. Ancillary Legal offers help with the Hague Service Convention international service of process for England, Wales, Scotland, and Northern Ireland. Contact us for a no-obligation consultation. We accept orders over the phone at (404) 459-8006 and via email.
Under the HSC, signatories can pick and choose among the options for what is allowable service of process of foreign court papers. Service of process means delivering the original court papers to the target of the lawsuit. So, in the case of U.S. divorce papers, the spouse who files for divorce must obtain service of process on the spouse they seek to divorce. Under U.S. legal doctrines, proper service of process is required before a U.S. court can have power and authority over the target defendant of the lawsuit. See, for example, discuss of why service is needed in the US Supreme Court case Volkswagenwerk A.G. v. Schlunk, 486 US 694 (1988).
Generally, in each of the four political subdivisions, international service of process is allowed under Article 5 of the HSC. In general terms, these are the steps for international service of process under Article 5 of the HSC:
With respect to the Central Authority, the UK has three. Thus, you must send your request for service to the correct Central Authority. The one for England and Wales is in London, the one for Scotland is in Edinburg, and the one for Northern Ireland is in Belfast.
England/Wales also allows international service of process via Article 10 of the HSC. This involves hiring a local lawyer — called a solicitor — to hand-deliver the papers to the target defendant. It is argued that this is a better method of obtaining “good” service of process in England and Wales.
For more information on how to serve divorce papers in the United Kingdom, contact Ancillary Legal at (404) 459-8006. We have the deep experience, staffing, and resources to help you satisfy the requirements for proper and valid international service of process. We focus on litigation support domestically and internationally and can ensure that your time can stay focused on the substance of your matter and not procedural technicalities. Contact us today to find out how we can help you.
Contact us for a free consultation with an Ancillary Legal representative.