Applying for a divorce - Part 3 of 3 Articles (Family Law)

How do I serve the Application?

If you applied for a divorce with your spouse (a joint application), you and your spouse each keep a sealed copy of the Application for Divorce and the information brochure.

If you applied for a divorce on your own (sole application), you must serve a sealed copy of the Application for Divorce and the information brochure on your spouse:

• at least 28 days before the hearing date if your spouse is in Australia;
• at least 42 days before the hearing date if your spouse is overseas.

Service by Post

You should only attempt service by post if you are confident 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.

Service by Hand

You cannot serve the documents on your spouse yourself.

You must arrange for a person over 18 to serve the documents on your spouse (the server). The server can be a family member, friend or professional process server.  The server will need to complete an Affidavit of Service by Hand and have your spouse sign the Acknowledgement of Service.

Filing the service documents

After the documents have been served on your spouse, you will need to file the service forms with the court electronically (eFile) through the Commonwealth Courts Portal (www.comcourts.gov.au) or make a photocopy and file the original and the copy by posting them to the family law registry where the Application for Divorce was filed.

You can download the Service Kit from the Federal Circuit Court of Australia using the following link:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/forms-and-fees/court-forms/diy-kits/kit-divorce-service

Do I need to attend at the Court Hearing?

• If there is no child of the marriage currently under 18, you are not required to attend the hearing. This applies for both sole and joint applications.
• If you make a joint application and there is a child of the marriage currently under 18, neither you nor your spouse are required to attend the hearing.
• If you make a sole application and there is a child of the marriage currently under 18, you must attend the hearing. In certain circumstances, you can apply to the Court in writing to appear by telephone.

When will my Divorce be granted?

In the event that your divorce application is successful, the Court will grant a divorce order. The order will become final one month and one day after it is made.

Legal Advice

We are more than happy to assist you in any way through your Divorce process. Please do not hesitate to contact us if you require any further advice or guidance.

Please see Part 1 of 3 Articles for more detail on who can apply for Divorce and whether to file a joint application or sole application.

Please see Part 2 of 3 Articles to ascertain where you can obtain an Application for Divorce and where to file.