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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42671
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My partner has been separated for 8yrs there are no children

Customer Question

My partner has been separated for 8yrs there are no children or assets but he tried to get her to do divorce in Melbourne but would never fill out her part. We want to get married and we don't know what to do?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: We are in qld now but he was married in melbourne
JA: Has anything been filed or reported?
Customer: I don't know it doesn't sound like it and he has no contact info for where she is
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what we can do it's very stressful
Submitted: 15 days ago.
Category: Australia Law
Expert:  Leon replied 14 days ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 14 days ago.

Good Morning.

You do not need your partner to apply with you. You can apply on your own and serve her.

If she refuses to sign the acknowledgement the person that serves he can put on an affidavit that they served her personally and that is enough or the court.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 13 days ago.
Hi Leon, the problem is he doesn't know where she is and has no contact information so how can she be served with papers? Once before they both filled in the divorce papers it went to court but she ticked she wanted to be there the day of the hearing and never showed up so they couldn't get divorced. What about dispensation of service?
Expert:  Leon replied 13 days ago.

He can seek substituted service to her family if he knows where they are.

If he knows anyone that may have contact with her he can seek substituted service to them.

Customer: replied 13 days ago.
He doesn't know anyone in her family and doesn't know anyone that knows his separated partner. Does he have to stay married to her forever than? This is very frustrating
Expert:  Leon replied 13 days ago.

Good afternoon

No he has to put together a detailed affidavit about what he has done to find her. e.g. put ads in the paper were she last lived, searches of the Electoral office etc. If the court is happy he has made enquiries and there is no success he will be granted the divorce.

Also if he knows where she use to work ect he can write to them.

The law requires that evidence be provided to show what has been done to locate the person.

Expert:  Leon replied 12 days ago.

Good Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care

Regards

Leon