What’s involved?
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.
The court won’t grant the divorce unless the service paperwork is properly completed and lodged,
Is there a difference between a joint and sole divorce?
Yes. With a joint application for divorce, no documents have to be served at all.
If you’re doing a sole application for divorce, then you are required to serve the divorce paperwork on your ex.
What documents do I need to serve?
You’ll need the following-
A sealed copy of the application for divorce with the ‘Notice of Application for Divorce’ attached to the front.
A sealed copy of the Affidavit for eFiling Application (Divorce).
Marriage, Families and Separation Brochure.
Sealed copies of any other supporting affidavits filed with the divorce application.
An Acknowledgement of Service (Divorce).
Important Facts
You can’t serve the divorce papers on your ex yourself.
It must be someone else who is over 18.
Methods of service
There are 3 ways you can serve the papers.
By Post.
By Hand.
On your ex’s lawyer – if they have one and if they agree to accept the documents.
Which method of service to choose?
By Post
With service by post, you simply post the paperwork to your spouse. But, if you choose this option, your ex must co-operate and sign, date and return an Acknowledgement of Service document to you. You would only choose this option if you’re confident your spouse will co-operate.
If they don’t return it, you’ll have to arrange for the documents to be served ‘by hand’.
Using ‘Registered Post’ is not a valid method of service and won’t be accepted by the court.
By Hand
Service by hand involves someone other than you, who is over 18, handing the documents to your spouse. You can use a friend or relative to serve the paperwork, but most people engage a process server to assist with this. They are professionals at serving documents and can also assist with the required paperwork.
We recommend service by hand, using a process server as the easiest and best way to serve the paperwork.
Service On Your Ex’s Lawyer
To use this method, your ex must have a lawyer. You would need to contact the lawyer and ask if they agree to accept service of the divorce application. They would then contact your ex and ask permission.
If you ex agrees, the process from here is relatively easy.
Time limits
Keep in mind, you’re required to serve your ex at least 28 days prior to the hearing.
Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce.
We can quickly provide everything
you need to arrange and manage a simple divorce.