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How to serve divorce papers
How to serve divorce papers
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Service is a way of delivering court documents to the parties involved in a court case. Once you’ve filed an application, the court needs proof your spouse is aware of the application and has received a copy of all the relevant documents.
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There’s a difference in service requirements between joint and sole divorces
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With a joint application for divorce, no documents have to be served at all.
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If you’re doing a sole application for divorce, then you are required to serve the divorce paperwork on your ex.
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You’ll need the following…
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A sealed copy of the application for divorce with the ‘Notice of Application for Divorce’ attached to the front.
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A sealed copy of the Affidavit of eFiling (if you’re using the Commonwealth courts portal).
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Marriage, Families and Separation Brochure.
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Sealed copies of any other supporting documents filed with the divorce application.
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An Acknowledgement of Service (Divorce).
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Step 1 - Choose a method of service
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There are 3 ways you can serve the papers.
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By Post.
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By Hand.
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On your ex’s lawyer - if they have one and if they agree to accept the documents.
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Which one to choose?
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Service by post is the easiest and cheapest way to serve your divorce papers.
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BUT - If you choose this option, you’re be relying on your ex to sign, date and return the Acknowledgement of Service to you.
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If they don’t return it, you’ll have to arrange for the documents to be served ‘by hand’.
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Important fact
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You can’t serve the divorce papers on your ex yourself.
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It must be someone else who is over 18.
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Step 2 - How do you prove service?
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There’s a process, depending pm the method of service used.
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There are documents that need to be completed, signed and filed with the court.
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These documents are different, depending on whether they were served by post or by hand.
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Service on your spouse’s lawyer is a little different
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You can serve your divorce papers on your ex’s lawyer if they have one, but they have to agree to accept them first.
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If they are willing, you’ll need to get the documents to them and they’ll need to give you a signed ‘Acknowledgement of Service (Divorce)’ document.
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You should file the Acknowledgement of Service with the court. This is all the proof you need.
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Step 3 - Service by post or by hand
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Once you’ve chosen a method of service, you’ll need to go carefully about serving the paperwork. The court is really fussy about getting it right!
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Step 4 - File service documents with the court
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They need to be filed before the hearing date.
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The good news is there’s no filing fee to pay when you file these documents.
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Step 5 - What are the time limits involved?
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Every divorce application is given a hearing date.
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If your ex is in Australia, you must serve them with the documents at least
28 days before the hearing.
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If your ex is overseas, you must serve them with the documents at least 42 days before the hearing.
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Summary
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Here’s a summary of how to serve divorce papers in Australia.
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If you’re making a joint application for divorce, you don’t have to worry about serving any documents at all.
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If you’re making a sole application for divorce you’ll need to serve the divorce papers on your ex.
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You need to serve the sealed application for divorce, the brochure ‘Marriage, Families and Separation’ and any other supporting documents filed with your application.
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You don’t have to serve a copy of the marriage certificate.
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If your ex is in Australia, you must serve the documents at least 28 days prior to the hearing.
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If your ex is overseas, you must serve them at least 42 days prior to the hearing.
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The documents can be served by post which is the easiest and cheapest way, but only if your spouse co-operates.
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The documents can also be served by hand.
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If you are serving by hand, you can’t do it yourself and it has to be someone over 18.
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It’s also possible to serve the documents on your ex’s solicitor if they have one, as long as they agree.
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Once you have served the papers, there are other documents to be completed, signed and filed with the court.
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Our divorce kit includes templates and examples of the documents you need to arrange service.
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