Substituted service allows you to serve court documents on a third person who the Court is satisfied will bring the court documents to the attention of your spouse.

Dispensation of Service means you do not need to serve court documents on your spouse if the Court is satisfied that you have made all reasonable attempts to find your spouse.

You should seek legal advice before applying. Fabian Horton can help you prepare the necessary affidavit and application.

You will need to explain all the steps you have taken to locate your spouse, for example:

• What attempts, efforts and enquiries you made to find your spouse.
• When you last saw, spoke to or communicated in any way with the respondent, and the circumstances of that sighting or communication.
• The last known address of your spouse.
• Who are your spouse's nearest relatives and friends, what enquiries you made of these people about your spouse and any replies received
• What employment, if any, your spouse had.
• What enquiries you made with your spouse's last known employer and any replies received.
• Details of any current child support or maintenance arrangements or orders. If correspondence has been received from the Child Support Agency , attach a copy to your affidavit.
• Details of any property, bank accounts or business jointly owned.
• If your spouse lives overseas, details about the country they are living in, how long they have lived there and if they plan to travel or move back to Australia.
• Any reasons why your spouse may not be contactable.
• The costs of trying to locate your spouse and whether the costs are creating a financial difficulties for you.
• Any other relevant information that may help the Court.

• An application for substituted service or dispensation of service related to a divorce application will usually be listed on the same day and time as the divorce hearing .
• If you have applied for substituted service or dispensation of service, you should attend the court hearing. You may be required to give more information to the Court. This applies even if you have chosen not to attend the hearing on your Application for Divorce
• The Court may adjourn your case and direct you to take extra steps to find your spouse. For example, to send a letter to your spouse's relatives or friends, search the electoral roll or advertise in a local, national or overseas newspaper.