• Areas of Law
    • Business Law
      • Building & Construction Law
      • Business & Commercial Leases
      • Buying or Selling a Business
      • Franchise
      • Other Business Agreements and Advice
    • Property & Conveyancing
      • Conveyancing – Buying a Property
      • Conveyancing – Selling a Property
    • Criminal Law
      • Assault Offences
      • Apprehended Violence Orders (AVO)
      • Affray and Riot
      • Drug Offences
      • Sexual Offences
      • Firearms & Weapons Offences
    • Debt Recovery & Litigation
      • Bankruptcy
      • Corporate Insolvency
      • Litigation & Commercial Disputes
      • Mercantile and Debt Collection Agencies
      • Small Claims Debt Recovery
    • Family Lawyers
      • Child Custody
      • Property Settlement
      • De Facto Relationships
      • Divorce
      • Family Violence & AVOs
    • Traffic Law
      • Drink Driving
      • Drug Driving
      • Licence Appeals and Habitual Offender Declarations
      • Unlicensed Driving
      • Negligent, Reckless & Dangerous Driving
    • Wills & Estates
      • Defending or Contesting a Will
      • Guardianship
      • Power of Attorney
      • Probate
      • Wills
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
  • Areas of Law
    • Business Law
    • Property & Conveyancing
    • Criminal Law
    • Debt Recovery & Litigation
    • Family Lawyers
    • Traffic Law
    • Wills & Estates
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
1800 529 529 Free Case Evaluation

Family Law

Services

  • Child Custody
  • De Facto Relationships
  • Divorce
  • Family Violence & AVOs
  • Property Settlement

Locations

  • Family Lawyers Sydney CBD
  • Family Lawyers Chatswood
  • Family Lawyers Parramatta
  • Family Lawyers Sutherland
  • Family Lawyers Wollongong
< Back to Divorce

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.

Share / Print

Click to View our Testimonials

Click now to make an enquiry or get a free case evaluation.

Make Contact

  • Free Case Evaluation
  • Costs
Type of Enquiry*

*Required Fields

Tell us about your legal matter so we can provide you with a no obligation quote or details of our costs to help you.

*Required Fields

If you would prefer to talk, call us on 1800 529 529

  • Areas of Law
    • Estates
    • Family
    • Criminal
    • Traffic
    • Property & Conveyancing
    • Debt
    • Business
  • Our People
  • Results
  • Knowledge Centre
  • Join Prime
  • Locations
  • About Us

@PrimeLawyers This is twitter:

  • Prime Lawyers will be closed for the Christmas break from 4:00pm 23 December 2020 and will reopen 8:30am Monday 11… https://t.co/uFrr02jaeS60 days ago

@PrimeLawyers

Prime Lawyers

Make an Enquiry

Costs

Free Case Evaluation