Getting a divorce in Australia involves a series of legal steps which, depending on your circumstances, may require you to “serve” your ex with the official divorce documents.
“Service” is the legal term for the process of delivering Court documents (such as your divorce application) to your ex-spouse. It’s an important step so you can then prove to the Court that your ex knows there is a divorce application underway.
However, not everyone who applies for divorce needs to serve their ex. For example, if you and your ex file a Joint Application for Divorce together, you do not need to serve the other party. This is because they are aware of the divorce application, having already signed the paperwork.
On the other hand, if you are filing a Sole Application for Divorce, you must serve the other party at least 28 days before the Court hearing date (or 42 days if they are overseas). As noted above, serving the other party ensures they have received a copy of your divorce application and that they are aware of the proceedings and the Court hearing date.
Service can be arranged by post or in person (hand delivered). There are specific Court Rules about how service must be performed, and special Court forms for serving the other party. Remember, service is only required after the documents have been lodged with the Court and sealed with the Court stamp.
If you are making a Sole Application, we recommend you employ a professional process server (also known as a service agent) to serve your application on the other party in person.
Our Support Team can recommend process servers in your State or Territory if you are unsure where to start.
Personalised Divorce Application Kits from eDivorce
Your completed divorce application kit is just minutes away with our simple online process. We will provide you with a personalised and completed divorce application, ready to download immediately. We include a comprehensive and easy to read Step-By-Step Divorce eGuide with every kit, to make the process simple.
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The eDivorce team
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