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How to serve divorce papers
How to serve divorce papers
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.
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.
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).
Step 1 - Choose a method of service
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.
Which one to choose?
Service by post is the easiest and cheapest way to serve your divorce papers.
BUT - If you choose this option, you’re be relying on your ex to sign, date and return the Acknowledgement of Service to you.
If they don’t return it, you’ll have to arrange for the documents to be served ‘by hand’.
Important fact
You can’t serve the divorce papers on your ex yourself.
It must be someone else who is over 18.
Step 2 - How do you prove service?
There’s a process, depending pm the method of service used.
There are documents that need to be completed, signed and filed with the court.
These documents are different, depending on whether they were served by post or by hand.
Service on your spouse’s lawyer is a little different
You can serve your divorce papers on your ex’s lawyer if they have one, but they have to agree to accept them first.
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.
You should file the Acknowledgement of Service with the court. This is all the proof you need.
Step 3 - Service by post or by hand
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!
Step 4 - File service documents with the court
They need to be filed before the hearing date.
The good news is there’s no filing fee to pay when you file these documents.
Step 5 - What are the time limits involved?
Every divorce application is given a hearing date.
If your ex is in Australia, you must serve them with the documents at least
28 days before the hearing.
If your ex is overseas, you must serve them with the documents at least 42 days before the hearing.
Summary
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.
Our divorce kit includes templates and examples of the documents you need to arrange service.