Serve documents on your Spouse
Serving documents is the process of delivering or posting court documents to the necessary people after they have been filed, in accordance with the rules of the court. Essentially, making sure everyone (all parties) have received the documents filed with the court.
Do you need to serve your application?
Only if you've made a
sole application. If you have then you must arrange to serve the following documents on your spouse once your divorce application has been filed at a family law registry:
- a sealed copy of the Application for Divorce
- a copy of the Marriage, Families and Separation brochure, and
- any other documents filed with the Court, except the copy of your marriage certificate.
Time Limits
You must serve the documents at least 28 days before the court hearing if your spouse is in Australia or at least 42 days before the hearing if your spouse is overseas.
How to serve
You can serve the documents either by
post (click for full instructions) or by
hand (click for full instructions).
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 Acknowledgement of Service (Divorce) from your spouse's lawyer is proof of service. You can prepare one for them to sign at
familycourtforms.com.au. 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: