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How to serve your Application for Divorce
What is Service?
Service is the process of sending or giving court documents to a party after they have been filed, in accordance with the rules of court. Service ensures that all parties have received the documents filed with the Court.
Should you serve your application?
If you have made a sole application, you must arrange to serve it on your spouse (once it has been filed at a family law registry). If you made a joint application, you do not need to serve your spouse with any 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 documents?
You can serve the documents on your spouse in two ways:

1 - Service by Post - (Click for step by step guide)
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. If you attempt service by post and do not receive the signed Acknowledgment of Service (Divorce), you may need to arrange service by hand.

2 - Service by Hand - (Click for step by step guide)
You cannot serve the documents on your spouse yourself. You must arrange for a person over 18 years of age to serve the documents on your spouse (the server). The server can be a family member, friend or professional process server.
Filing the service documents
After the documents have been served on your spouse, you need to make a copy of the service forms and file the original and the copy at a family law registry.

If you attend the court hearing, take your copy of the service forms with you.
Serving your spouse's lawyer
If your spouse has a lawyer and he or she is willing to accept service, you can serve the documents on your spouse ’s 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.
What if you cannot serve your spouse?
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.

Source:
The information on this page has been obtained from the Family Law Courts and was last updated on 24 July 2007.

The information is general in nature and does not necessarily reflect our views, or indicate a commitment to a particular course of action. Before any action or decision is taken on the basis of any material on this site you should obtain appropriate independent professional advice. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case.