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Service by Post
You should only attempt service by post if you are confident that 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.
- Acknowledgment of Service
Prepare an Acknowledgment of Service (Divorce) form. We recommend using the automated version at familycourtforms.com.au.
- Post documents to your spouse
You need to post to your spouse at his or her last known address:
- a sealed copy of the Application for Divorce and any other documents you have filed with the Court, except the copy of your marriage certificate
- the Marriage, Families and Separation brochure
- the Acknowledgment of Service (Divorce) form
- a letter asking your spouse to sign the Acknowledgment of Service (Divorce) and return it to you, and
- a stamped self-addressed envelope for the return of the signed Acknowledgment of Service (Divorce).
Make a note of the date you posted the documents to your spouse. This date will need to be entered on the Affidavit (see below).
- The signed Acknowledgment of Service (Divorce) is returned to you
If this document is not returned to you, you may need to serve your divorce application by hand.
- Affidavit of Service by Post (Divorce)
Complete the Affidavit of Service by Post (Divorce) and answer all questions, 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). You can find a PDF version of the Affidavit of Service by Post (Divorce) here.
- 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).
- Make a copy of the service forms
You will need to make a copy of the completed service forms before filing them at a family law registry.
- File service forms at court
You need to file the original and a copy of the:
- Affidavit of Service by Post (Divorce),and
- Acknowledgment of Service (Divorce)
at a family law registry prior to the hearing date.
If you are attending the court hearing, take your copy of the service forms with you.
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