For anyone going through a separation or divorce, serving court documents on an ex-partner can feel like a nightmare—especially if they’re avoiding you, living abroad, or simply refusing to engage.

The days of knocking on doors with a stack of papers are fading. Today, courts in England and Wales are recognising that people communicate in all sorts of ways: email, WhatsApp, Facebook, Instagram, Tiktok and more.

Why Service Matters

Before a court can make orders that affect someone, it must be sure they know about the proceedings. Traditionally, this meant “personal service”—handing over documents in person. But what if your ex is dodging you, or you only have contact through social media? The law is catching up with reality.

Alternative Service: Not Just for Lawyers

Recent cases, including Collardeau v Fuchs [2025] EWFC 413, show that courts are willing to authorise alternative service when personal service isn’t possible. This means you can ask the court for permission to serve documents by email, WhatsApp, Facebook Messenger, or any platform your ex actually uses.

Key points:

• The court’s main concern is fairness—making sure your ex knows about the case and has a genuine chance to respond.

• You’ll need to show evidence that your ex uses the platform (recent messages, read receipts, or screenshots).

• The court will only allow alternative service if it is satisfied that it won’t cause injustice. This means the method must be likely to bring the documents to your ex’s attention, and not leave them unaware of important proceedings.

• If the court is satisfied, it can make an order allowing you to serve documents by these modern methods.

In short, the court balances practicality with fairness, always ensuring that no one is unfairly disadvantaged by the way documents are served.

Collardeau v Fuchs [2025] EWFC 413 – The People and the Service Issue

In this case, Alvina Collardeau (the claimant) brought contempt proceedings against Michael Fuchs (the defendant) after he breached court orders in long-running financial remedy litigation. The orders included a prohibition on selling a US property and interfering with the enforcement of English court orders abroad.

Mr Fuchs did not attend the hearings in person but was represented by counsel. He lived and worked internationally, making personal service difficult. Recognising this, Mrs Justice Gwynneth Knowles had previously authorised service of all documents—including court orders—by email to Mr Fuchs’s official business address. Evidence showed he regularly used this email and had received other documents there.

At the key hearing, Mr Fuchs attended remotely and was fully aware of the orders made. The court found that service by email was valid and fair, and that he had clear notice of the orders he breached. This satisfied the court that there was no injustice in proceeding with the contempt application, even though personal service had not taken place.

What Counts as Good Evidence?

If you’re applying for alternative service, gather as much proof as you can:

• Screenshots of recent conversations.

• Evidence your ex has read your messages (blue ticks, “seen” notifications).

• Confirmation that the email or social media account is current and used by them.

The more you can show, the more likely the court will agree.

What If My Ex Ignores the Documents?

If you’ve served documents by a method the court has authorised, and your ex ignores them, the court can still proceed. The focus is on whether they had a fair chance to participate—not whether they actually respond.

Don’t Panic If You Can’t Serve in Person

Many people worry that their case will collapse if they can’t serve documents the “old-fashioned” way. This case, and others like it, show that the court will look at the reality of how people communicate today. If your ex is playing games or hiding, the court can “waive” technical defects in service, as long as it’s fair.

Checklist: Applying for Alternative Service in Family Proceedings

• Gather evidence showing your ex uses the chosen platform (recent emails, WhatsApp messages, Facebook chats, etc.).

• Keep records of all attempts to contact and serve documents (screenshots, delivery receipts, read notifications).

• Apply to the court for permission to use alternative service, explaining why personal service isn’t possible. Use Form C2.

• Make sure your proposed method is likely to bring the documents to your ex’s attention and won’t cause injustice.

• Follow the court’s directions exactly once permission is granted.

• Retain proof that the documents were sent (and ideally received) using the authorised method.

Final Thoughts

Modern life means modern solutions. Whether it’s WhatsApp, Facebook, iMessage, WeChat, Instagram, or email, the courts are adapting to how people actually communicate. If you’re struggling to serve documents, you’re not alone—and there are practical steps you can take to move your case forward.

Disclaimer: This article is for general information only and does not constitute legal, financial, or tax advice. Always consider your own circumstances before taking action.