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Service of documents

Service is the process of sending or giving court documents to a party after they have been filed, in accordance with the rules of a court.  Service ensures all parties have received the documents filed with a court.

If you have made a sole application for divorce, you must arrange to serve the following documents on your spouse:If you have made a joint application for divorce, you do not need to serve the documents.

Time limits

If your spouse is in Australia, the documents must be served at least 28 days before the court hearing.

If your spouse is overseas, the documents must be served at least 42 days before the court hearing.

How can you serve divorce documents?

You can serve documents on your spouse in two ways:

Service by Post
You should only attempt service by post if you are confident your spouse will return the Acknowledgment of Service (Divorce) to you. Without this, the Court cannot be sure your spouse has received the documents in which case you may need to arrange service by hand before the application can be considered.

Service by Hand
You cannot serve the documents on your spouse yourself.

You must arrange for a person over 18 years of age (the server) to serve the documents on your spouse (the server). The server can be a family member, friend or professional process server.

If your spouse has a lawyer who is willing to accept service, you can serve the documents on this lawyer. A signed Acknowledgment of Service (Divorce) from your spouse’s lawyer is proof of service. You need to file this acknowledgment with the Court. You do not need to file any other service documents.

If you are having trouble serving the divorce application on your spouse, and have taken all reasonable steps to serve your spouse, you can apply to the Court for:The legal issues about substituted service and dispensation of service are complex. You should seek legal advice.  More information can be found in the Family Law Courts publication 'Are you having trouble serving your divorce application' under the Publications section of this website.

Step by step instructions

Once your divorce application has been filed at a family law registry, it must be served on you spouse.

Step-by-step instructions on how to serve the documents, follow and are also in the Divorce Service Kit. All the forms you may need are available under the Forms section of this website. This step by step guide explains how to serve your Application for Divorce and how to complete the service documents. This guide only applies if you have made a sole application (service is not required for joint applications).

You need to decide which way to serve your application - by post or by hand. There are different steps to follow for each type of service. See below.

Service by post

Step 1
Obtain these forms from the Divorce Service Kit at Related Links: Step 2
Post the following items to your spouse at his or her last known address:It is helpful to record the date you posted the documents to your spouse.

Step 3
The signed Acknowledgment of Service is returned to you.  If it is not returned, you may need to arrange service of your divorce application by hand.

Step 4
Complete the Affidavit of Service by Post (Divorce). You must answer all questions on the Affidavit of Service by Post (Divorce), including question 6 which confirms that your spouse has signed the Acknowledgment of Service (Divorce).

Attach the signed Acknowledgment of Service (Divorce) to the Affidavit of Service by Post (Divorce).

Step 5
Sign the Affidavit of Service by Post (Divorce).

You need to swear/affirm the Affidavit of Service by Post (Divorce) before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace. The person witnessing the Affidavit of Service by Post (Divorce) must also complete the annexure note on the Acknowledgment of Service (Divorce).

Step 6
Make a copy of the completed service forms before filing them at a family law registry.

Step 7
File the service forms at a family law registry before the hearing date.You need to file the original and a copy of the:It is helpful to take your copy of the service forms with you if you are attending the court hearing.

Service by hand

Step 1
Obtain these forms from the Divorce Service Kit at Related Links:Step 2
Choose a person to serve the documents.

You cannot serve the documents on your spouse yourself.You must arrange for a third person over the age of 18 years (the server) to serve the documents on your spouse (the server). This server may be a family member, friend or a professional process server. Process servers are listed in the Yellow Pages.

Step 3
Give the server these documents:Step 4
The server hands the documents to your spouse.

The server must identify your spouse so the Court knows that the documents have been given to the right person. If the server is a family member or friend who knows your spouse, this is enough proof of identity.

If the server does not know your spouse, then they must identify him or her. The server can identify your spouse by:Step 5
The server asks your spouse to sign the Acknowledgment of Service (Divorce).

If your spouse accepts the documents, the server must ask him or her to sign the Acknowledgment of Service (Divorce).

If your spouse refuses to accept the documents, the server can put them down in the presence of your spouse and state what they are. For example, ‘Your spouse is applying for a divorce and I am serving you with the divorce application. The divorce application is listed for hearing on [state the date] at [state the court location]’.

Step 6
The server signs the Affidavit of Service by Hand (Divorce).

The server must include any information or attach any documents to the Affidavit of Service by Hand (Divorce) which helped him or her identify your spouse.If the server identified your spouse with a photograph, you should also prepare a further brief affidavit stating that the person in the photograph is your spouse.

The server must then swear/affirm the Affidavit of Service by Hand (Divorce) before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace.

If your spouse signed the Acknowledgment of Service (Divorce), it must be attached to the Affidavit of Service by Hand (Divorce). The witness is also required to complete the annexure note at the bottom of the Acknowledgment of Service (Divorce).

Step 7
Sign the Affidavit Proving Signature (Divorce).

If your spouse signed the Acknowledgment of Service (Divorce) and you recognise their signature, you should complete the Affidavit Proving Signature (Divorce). You will need to swear/affirm the Affidavit Proving Signature (Divorce) before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace.

Attach a copy of the signed Acknowledgment of Service (Divorce) to the Affidavit Proving Signature (Divorce).

Step 8
Make a copy of the completed service forms.

Step 9
File the service forms at a family law registry before to the hearing date. You must file the original and a copy of the:It is helpful to take your copy of the service forms with you if you are attending the court hearing.