Serving a divorce by hand

Serving a divorce by hand

Service is the process of delivering court documents to the other party after they’ve been filed with the court. Service by hand is where someone physically hands the documents to your ex.

If you’re unsure whether your ex will co-operate, this is the most effective way to serve your divorce document.

It can be quicker than serving by post because you don’t have to rely on your ex to sign, date and return documents to you.

When should you choose this option?

I usually recommend this as the quickest and most effective method of service. 

This because you aren’t relying on the cooperation of your ex.

I also recommend people engage a process server for assistance. They are experts at serving documents and will also  with the service paperwork.

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 Hand (Divorce).

  3. Affidavit Proving Signature.

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 to be served?

The person serving does not need to hand the following documents to 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. Choose who is going to serve the documents

  • You can’t serve the documents yourself.
  • It must be someone over 18.
  • If you choose a friend or relative to serve the documents, use someone who knows your ex by sight.

     

  • If your ex will be difficult, use a professional process server. You’ll find one online. They will charge a fee.

Professional Process Server

  • I usually recommend people use a professional process server.

  • They are the experts at serving documents.

  • They will complete the necessary Affidavit of Service By Hand (Divorce) for you.

  • If you do an internet search for ‘process server’ you’ll find one.
  • They will charge a fee

Friend or relative

  • Alternatively, you could use a friend or relative if they are willing to serve the paperwork.

  • You should use someone who knows your ex by sight. They will need to sign an affidavit explaining how they identified your spouse. This is done so the Court knows that the documents have been given to the right person.

  • They will also be required to complete and sign the ‘Affidavit of Service By Hand (Divorce)’.

  • The Affidavit of Service By Hand (Divorce) must be properly completed.

  • Many people find it easy to hand over the documents, but the affidavit can be very complicated to get right.

  • It often takes several attempts to do the Affidavit of Service by Hand correctly.

  • The person you choose should be willing to attend the telephone hearing with you, just in case the court has any questions.

2. Prepare the Acknowledgement of Service

You should include some detail in the Acknowledgement of Service before serving 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).

3. What documents should be served?

The person serving (‘the server’) will need to hand the following documents to your ex…

  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 affidavits filed with the divorce application, (such as affidavits re separation under 1 roof  if this is an issue).

The person serving will also need an Acknowledgement of Service (Divorce) document.

They server should ask your ex to sign and date Part C of the Acknowledgement of Service.

If your ex won’t co-operate…

The server can just put them on the ground and tell your ex what they are.

For example, they could say…”Your husband is applying for a divorce. I’m serving you with their divorce application. The hearing date has been set for 1 July 2027 at Brisbane.”

4. After Service

Complete the Acknowledgment of Service

  • If your ex signed the Acknowledgement, the date they were served must be included in paragraph 3 of the document.

  • Make several photocopies of the completed Acknowledgement of Service. This should be done before you do the Affidavit of Service by Hand (because ‘spares’ are usually needed).

5. Affidavit of Service by Hand

  • If you used a process server, they will complete the Affidavit of Service by Hand for you.

  • Otherwise, your server must complete the Affidavit of Service by Hand (Divorce).

  • Be sure to complete all relevant details in Part A & B.

  • Part B should have the ‘other’ box ticked and you should list the ‘Affidavit for eFiling Application (Divorce).

  • Pay special attention to Paragraph 9. One of the first 3 boxes must be ticked. If the server knows your ex, they must hand-write in how they know them. In addition, the last box must be ticked and details of the conversation must be included.

  • Any documents used to identify your ex, such as photos, must be attached to the Affidavit of Service by Hand.

  • If your ex signed the Acknowledgement of Service then it must be attached to the Affidavit of Service by Hand.

  • Remember, the date the documents were served needs to be written in paragraph 3 on the Acknowledgement of Service.

6. Sign the Affidavit of Service by Hand

The person who served the paperwork must sign the Affidavit of Service by Hand.

It 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).

7. Affidavit Proving Signature

You must complete and sign an Affidavit Proving Signature in the following circumstances:

  • if the process server (or any other server you used) did not know the person being served or was unable to identify them; and

     

  • your ex signed the Acknowledgment of Service (Divorce).

You must attach a copy of the signed Acknowledgment of Service to this affidavit.

It must be signed by you in the presence of an authorised witness (such as a Justice of the Peace or a lawyer).

8. Lodge the documents with the court

The Affidavit of Service by Hand, Acknowledgment of Service and if needed the Affidavit of Service by Hand 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 the affidavit is witnessed by a Justice of the Peace, they must provide their ‘JP number’.

Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce.

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