Serve Divorce Application

Serving a divorce application is a critical step in the divorce process. Failure to serve the application correctly — or within the required timeframe — can result in your hearing being adjourned and your divorce being delayed.

Who Must Be Served?

The divorce application must be personally served on the respondent (your former spouse). You cannot serve the documents yourself — service must be effected by a person who is not a party to the proceedings.

Timeframe for Service

The application must be served at least 28 days before the hearing date if the respondent is in Australia, or at least 42 days before the hearing date if the respondent is overseas.

What Documents Must Be Served?

• The Application for Divorce
• A copy of the marriage certificate (or explanation if unavailable)
• Any affidavits filed with the application
• The brochure "Marriage, Families and Separation" (if there are children under 18)

Proof of Service

After service, the process server must complete an Affidavit of Service which must be filed with the court before the hearing. Citiserve provides court-compliant affidavits with every serve.

What if the Respondent Cannot Be Found?

If the respondent cannot be located, you may apply to the court for substituted service or dispensation of service. Citiserve can assist with skip tracing and provide evidence of the attempts made.