Serving a divorce by post

When applying for a sole divorce in Australia, it is possible to effect service by post. To do this, you’ll need co-operation from your spouse. They’ll need to sign, date and return an Acknowledgement of Service (Divorce) document to you.

When should you choose this option?

You should only choose this option of you’re sure your ex will cooperate.

Your spouse must sign and return the Acknowledgement of Service (Divorce) to you.

If they don’t return it, you’ll need to then arrange to serve them ‘By Hand’.

What documents will you need?

You’ll need the following 2 service documents...

Acknowledgement of Service (Divorce).
Affidavit of Service by Post (Divorce).

Other documents you'll need...

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 & Separation Brochure.
Sealed copies of any other supporting documents 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).

Step 1 - Prepare the Acknowledgement of Service

Include some detail in the Acknowledgement of Service before posting it to 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)'. Also list any other documents (such as affidavits for separation under one roof if this is an issue).

Step 2 – Write a letter

Include these things in the letter…

Let them know you’ve filed an application for divorce.
Tell them the hearing date and place.

List the documents you’re enclosing ‘by way of service’.

Eg. Please find enclosed, by way of service, the following…

Sealed Application for Divorce.
Sealed Affidavit for eFiling Application (Divorce).
Marriage, Families & Separation brochure.
Acknowledgement of Service (Divorce).
Stamped self-addressed envelope.

Keep in mind…

Ask your ex to sign and date Part C of the Acknowledgement of Service and return it to you.
Later on, you’ll need to tell the court the date you posted the documents to your ex so be sure you make a note of it.

Step 3 – Return of the Acknowledgement of Service

The Acknowledgement of Service needs to be returned to you.
Item 3 should be completed and it should also be signed and dated in Part C.
The court won’t accept the document if item 3 isn’t completed. Make sure the date is included.

Step 4 – Prepare the Affidavit of Service by Post

Ensure the following parts are completed…

Your name, your spouse’s name, your spouse’s address.
The date you posted the documents to your spouse.

List the documents that were posted…

Tick the box indicating ‘Application for Divorce’.
Tick the box indicating ‘Marriage, Families & Separation’.
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).

Then attach the signed Acknowledgement of Service document to the Affidavit of Service by Post and tick item 6.

Step 5 – Sign the Affidavit of Service by Post

The Affidavit of Service by Post 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.
Your local police station, Magistrates’ court or library will often have someone who can witness affidavits.
The person witnessing the affidavit must also sign the annexure note at the bottom of the Acknowledgement of Service.

Step 6 – Make copies

Once all the service documents have been and witnessed, make a couple of photocopies.

Always keep a copy for yourself.

Step 7 – File service documents with the court

You must file the service documents with the court.

They need to be filed before the hearing date.
If you’re filing by post, or in person (which you used to be able to do pre-covid), you need to file an original and photocopy of the service documents.
(or upload them to the Commonwealth Courts Portal).’
The good news is there’s no filing fee payable when you file these documents.

Step 8 – Keep these time limits in mind

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.

And that’s it!

You’ve served your divorce papers and filed documents with the court to prove it.

Summary

Write a letter to your ex, enclosing the divorce papers ‘by way of service’.
The letter should include an Acknowledgement of Service which you ex needs to sign and date.
Make a note of the date you posted the letter to your ex.
The Acknowledgement of Service needs to be returned to you.
Prepare the Affidavit of Service by Post.
Attach the Acknowledgement of Service to the Affidavit of Service by Post.
Sign the Affidavit of Service by Post in the presence of someone who can witness affidavits.
Make sure the witness signs the annexure note at bottom of the Acknowledgement of Service.
Make copies of the service documents.
File them with the court.
Keep a copy for your records.

Thanks for reading and if you have any questions, please just ask.

Our divorce kit includes a service guide and all the documents you need to arrange service.

Start here

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