Marion contacted Cath as an ex-pat working abroad who was seeking to finally divorce her husband. Marion was a medic who married in Scotland then lived and worked in Australia with her husband and children. Marion and her husband lived in several locations in Australia before finally separating in 2014. The separation was not amicable, and Marion remained in Australia for a short period of time before moving to Malaysia. The children were now adults and at university, and over time Marion lost all contact with her husband who remained in Australia but in a location unknown.
Cath advised Marion that as there were no finances to finalise, she could proceed with Divorce through the Court of Session but as she did not know her husband’s address, they would try to serve on the adult children as next of kin in the first instance. Marion’s children however did not wish involved. The next step was to engage a tracing agency in Australia to locate her husband’s whereabouts in order to serve the Divorce papers. Unfortunately, the tracing agency were unable to find Marion’s husband with the limited information she had, so in terms of the Court of Session rules, a classified advertisement was placed in a prominent Australian newspaper announcing a Divorce action had been raised. Marion’s husband did not respond/defend the action and Divorce was granted.