Edictal citation If the defendant lives in another country, the plaintiff must first approach the court by way of an edictal citation application. If granted, this gives the plaintiff permission to serve the divorce summons on a spouse in a foreign country. The court must be satisfied that there is no other way to serve the summons and that service of the summons will be done properly by an official of the court (a sheriff, known in some countries as a ‘service processor’, or a solicitor) in the foreign country. If the application is successful, the Court will grant an order that the summons be served on the absent spouse at either their home or their place of work. After being served the summons in the foreign country, the defendant will have a month to defend the action. If he/she ignores the summons, or defends it, and after settling the financial terms, the divorce may be set down for hearing on a date that has been pre-arranged with the registrar of the court.
Posted on: Sun, 16 Feb 2014 14:21:38 +0000
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