Serving a divorce
by post

Serving a divorce by post

When applying for a sole divorce in Australia, it is possible to effect service by post.

There are, however, some strict rules with serving by post, so read the information below carefully.

Please note, using Registered Post is not a valid method of service and won’t be accepted by the court.

When should you choose this option?

You should only choose this option of you’re sure your ex will cooperate.

Your spouse must sign and return the Acknowledgement of Service (Divorce) to you.

If they don’t return it, you’ll need to then arrange to serve them ‘By Hand’.

Time Limits

You’re required to serve your spouse at least 28 days prior to the hearing if your spouse is in Australia.

What documents will you need?

You’ll need the following 2 service documents…

  1. Acknowledgement of Service (Divorce).

  2. Affidavit of Service by Post (Divorce).

Other documents you’ll need-

  1. A sealed copy of the Application for Divorce with the ‘Notice of Application for Divorce’ attached to the front.

  2. A sealed copy of the Affidavit for eFiling Application (Divorce).

  3. Marriage, Families & Separation Brochure.

  4. Sealed copies of any other supporting affidavits filed with the divorce application.

What documents don’t need  o be served?

You don’t need to serve the following documents on your ex…

  • Your marriage certificate.

  • Documents proving citizenship, such as a citizenship certificate or passport  (if that was required).

  • Any application for fee reduction and associated documents (such as a concession card).

1. Prepare the Acknowledgement of Service

You should include some detail in the Acknowledgement of Service before posting it to your spouse.

Insert your name and your spouse’s name.

Indicate the documents being served…

  • Tick the box ‘Application for divorce’.

  • Tick the box ‘Marriage, Families & Separation brochure.

  • Tick ‘Other’ and hand write ‘Affidavit for eFiling Application (Divorce)’.

  • Here you should also list any other affidavits (such as for separation under one roof if this is an issue).

2. Write a letter to your spouse

Write a letter to your spouse.

The letter should read something like…

“As you know, I’ve filed an application for divorce with the court.

The hearing has been fixed for 10 March 2027 at 10:00 am.

As part of the process, I’m required to serve the paperwork on you.

Enclosed, by way of service, are the following documents-

  • Sealed Application for Divorce.
  • Sealed Affidavit for eFiling Application (Divorce).
  • Marriage, Families & Separation brochure.


Also enclosed are the following-

  • Acknowledgement of Service (Divorce).
  • Stamped self-addressed envelope.


Please sign and date Part C of the Acknowledgement of Service and return it to me as soon as possible.

I’ve enclosed a stamped self-addressed envelope for you to the return of the signed Acknowledgment of service  to me.

Thanks for co-operating.”

3. Return of the Acknowledgment of Service

The Acknowledgement of Service needs to be returned to you.

  • Your spouse should have inserted the date they received the paperwork in item 3.
    If not, you might need to include it.
    (The court won’t accept the document if the date isn’t included in item 3.)
  • They should also have signed and dated Part C.

4. Complete the Affidavit of Service by Post

The next step is for you to complete and sign the Affidavit of Service By Post.

This is a 2-page document (the signed Acknowledgment of Service is the second page).

You should print the attached Affidavit of Service By Post. Ensure you complete the following parts-

  • Your name, your spouse’s name, your spouse’s address.
  • The date you posted the documents to your spouse.
  • You must attach a copy of the signed Acknowledgment of Service to this affidavit.


List the documents that were posted…

  • Tick the box indicating ‘Application for Divorce’.

  • Tick the box indicating ‘Marriage, Families & Separation’.

  • Tick ‘Other’ and hand write ‘Affidavit for eFiling Application (Divorce)’. Also list any other relevant affidavits (such as affidavits for separation under one roof if this is an issue).

Then attach the signed Acknowledgement of Service document to the Affidavit of Service by Post and tick the relevant boxes in paragraph 6.

5. Sign the Affidavit of Service by Post

The Affidavit of Service by Post must be properly signed and witnessed.

This must be done in the presence of someone who is authorised to witness affidavits, such as a Justice of the Peace or lawyer.

The person witnessing the affidavit must also complete and sign the annexure note at the bottom of the Acknowledgement of Service. – (This last bit is important and is often overlooked by people and can hold up your divorce if not done properly).

6. Lodge the documents with the court

The Affidavit of Service by Post and Acknowledgment of Service should now be lodged with the court.

Handy Hints

As long as the divorce documents are served at least 28 days before the hearing, the Affidavit of Service can be completed and lodged after that deadline.

If your ex doesn’t cooperate, the court will require you to do ‘Service by Hand’.

If that happens, you might need to ask the court for an adjournment to enable you more time to serve the paperwork.

You can email us for detailed information on how to easily arrange an adjournment.

If the affidavit is witnessed by a Justice of the Peace, they must provide their ‘JP number’.

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