How Do I Serve Divorce Papers?

Once a sole Application for Divorce is filed (ie, where one party is seeking the Divorce and it is not a Joint Application), the Court requires a sealed copy to be served on the other party, either by personal service or by prepaid post. An Applicant must not serve the other party personally – personal service must be through a process server or some third party. Evidence of service must be given by an Affidavit of Service.

Service within Australia must take place at least 28 days prior to the Divorce hearing date and service outside Australia must take place at least 42 days prior to the hearing date.

There are circumstances where the other party is unable to be located or is actively avoiding service. In these circumstances, an application can be made to the Court asking the Court to order that service be undertaken in a different way. The Court may make an order dispensing with service or substituting another way of serving the Application for Divorce.

Pursuant to Rule 6.15 of the Federal Circuit Court Rules 2001, when making an order for dispensing with service or for substituted service, the Court may have regard to: 

1. Whether reasonable steps have been taken to attempt to serve the document; and
2. Whether it is likely that the steps that have been taken have brought the existence and nature of the document to the attention of the person to be served; and 
3. Whether the person to be served could become aware of the existence and nature of the document by means of advertising or another means of communication that is reasonably available; and 
4. The likely cost to the party serving the document, the means of that party and the nature of the proceedings; and 
5. Any other relevant matter. 

Due to the strict legal requirements for service, it is advisable to engage a divorce lawyer to assist you with the entire process of applying for a Divorce, including preparing and filing the application, serving the paperwork, obtaining orders for substituted service or orders dispensing with service and appearing at all necessary Court hearings.

Of course, undertaking the process on your own is possible, but inexperience often leads to errors and therefore delays and a lot of frustration. Our divorce solicitors have the necessary experience and expertise to assist you with the entire process of successfully getting a divorce.

We have offices in Sydney, Chatswood, Parramatta, Sutherland and Wollongong.