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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.
What documents will you need?
You’ll need the following 3 service documents.
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Acknowledgement of Service (Divorce).
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Affidavit of Service by Hand (Divorce).
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Affidavit Proving Signature (Divorce).
Other documents you’ll need…
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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 for eFiling Application (Divorce).
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Marriage, Families & Separation Brochure.
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Sealed copies of any other supporting documents filed with the divorce application, such as affidavits regarding separation under one roof - if this is an issue.
Step 1 - Choose who is going to serve the documents
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You can’t serve the documents yourself.
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It must be someone over 18.
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If you choose a friend or relative to serve the documents, use someone who knows your ex by sight.
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If your ex will be difficult, use a professional process server. You’ll find one online. They will charge a fee.
Step 2 - Prepare the Acknowledgement of Service
Insert your name and your spouse’s name.
Indicate the documents being served...
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Tick the box ‘Application for divorce’.
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Tick the box ‘Marriage, Families & Separation brochure.
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Tick 'Other' and hand write 'Affidavit for eFiling Application (Divorce)'. Also list any other documents (such as affidavits for separation under one roof if this is an issue).
Step 3 – What documents should be served?
The person serving (‘the server’) will need to hand the following documents to your ex…
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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 for eFiling Application (Divorce).
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Marriage, Families & Separation Brochure.
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Sealed copies of any other supporting documents filed with the divorce application, such as affidavits supporting 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.
What documents don’t need to be served?
The person serving does not need to hand the following documents to your ex…
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Your marriage certificate.
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Documents proving citizenship, such as a citizenship certificate or passport (if that was required).
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Any application for fee reduction and associated documents (such as a concession card).
Step 4 – Identify the person being served (your ex)
The server must be able to identify your ex.
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If they already know your spouse personally then that’s enough proof of identity.
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Otherwise, you should give them a photograph, or perhaps someone who knows your ex could be there at the time.
Step 5 – Acknowledgement of Service
If your ex accepts the divorce papers…
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The server should ask them to sign and date the Acknowledgement of Service.
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Your ex should 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 2023 at Brisbane."
Step 6 – Complete the Acknowledgement of Service
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If your ex signed the Acknowledgement, the date they were served needs to be included in paragraph 3 of the document.
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Make 4 photocopies of the completed Acknowledgement of Service
Step 7 – Affidavit of Service by Hand
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The server needs to complete the Affidavit of Service by Hand (Divorce).
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Any documents used to identify your ex, such as photos, must be attached to the Affidavit of Service by Hand.
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If your ex signed the Acknowledgement of Service then it must be attached to the Affidavit of Service by Hand.
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Remember, the date the documents were served needs to be written in paragraph 3 on the Acknowledgement of Service.
The Affidavit of Service by Hand needs to be signed and witnessed.
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This must be done in the presence of someone who is authorised to witness affidavits, such as a Justice of the Peace, or a lawyer.
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Your local police station, magistrates' court or library will often have someone who can witness affidavits.
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The person witnessing the affidavit must also sign the annexure note at the bottom of the Acknowledgement (if it's attached).
Step 8 – Affidavit proving signature
You need to sign an Affidavit Proving Signature if…
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The person serving the paperwork doesn't personally know your spouse. Eg - if you use a process server.
AND -
Your ex signed the Acknowledgement of Service and you recognise their signature.
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You need to attach another copy of the Acknowledgement of Service to the Affidavit Proving Signature.
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The annexure note at the bottom of the Acknowledgement of Service must be signed by the witness.
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The Affidavit Proving Signature must be properly signed and witnessed (by someone authorised to witness affidavits).
Step 9 – Make copies
You need to sign an Affidavit Proving Signature if…
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Once all the service documents have been signed and witnessed, make a couple of copies.
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Always keep a copy for yourself.
Step 10 – File service documents with the court
You must file the service documents with the court.
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They need to be filed before the hearing date.
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If you're filing by post or in person, you need to file an original and photocopy of the service documents.
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You can upload them online via the Commonwealth Courts Portal.
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The good news is there’s no filing fee to pay when you file these documents.
Step 11 – Keep these time limits in mind
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If your ex is in Australia, they must be served at least 28 days before the divorce hearing.
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If your ex is overseas, they must be served at least 42 days before the divorce hearing.
And that's it!
Summary
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Choose who will be serving the documents.
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They need to serve the application for divorce, any supporting documents and the ‘Marriage, Families and Separation’ brochure.
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The server should ask your ex to sign an Acknowledgement of Service.
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The server will need to sign an Affidavit of Service by Hand (Divorce) and if the Acknowledgement of Service was signed, this should be attached.
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If the Acknowledgement of Service was signed by your ex, you’ll need to sign an Affidavit proving signature with a photocopy of the Acknowledgement of Service attached.
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Check all the documents and ensure the annexure note has been signed on any attachments. If not, they’ll have to be signed again.
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Make photocopies of all the service documents.
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File them with the court.
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Keep a copy for your records.
Thanks for reading and if you have any questions, please just ask.
Our divorce kit includes templates and examples of the documents you need to arrange service.