If you’re looking to serve a divorce application, here’s a step-by-step guide to help you navigate the process:  

File the Divorce Application 

Before serving the divorce application, you first need to file it with the Federal Circuit and Family Court of Australia (FCFCOA). You can apply for divorce either online or in person.  

• Online Application:

  You can file your divorce application online through the Federal Circuit Court’s eFiling system.  

• In-Person Application:

  You can also file the application at your local FCFCOA registry in Sydney. The application must include:  

• A completed divorce application form

  (Form 3).  

• Proof of your marriage (e.g., a marriage certificate).  

• Any necessary supporting documents (e.g., evidence of separation if applying for a divorce after less than 12 months of separation).  

Serve the Divorce Application 

Once your application is filed, the next step is to serve the divorce papers on your spouse (respondent). In Australia, there are specific rules for serving the divorce application.  

Who Can Serve the Divorce Papers:  

• You (the applicant) can serve the papers yourself, but it’s generally better to have someone else do it.  

• A third party (over 18 years old and not involved in the case) can serve the divorce papers. This can be a family member, friend, or professional process server.  

Methods of Service:  

The divorce papers must be served in a way that complies with the Family Law Rules 2004. Common methods of service include:  

• In person

  : A person can hand-deliver the application to your spouse.  

• By post

  : You can mail the divorce papers to your spouse. If you are sending the application by post, you will need to use registered post and obtain proof of delivery.  

• By email

  : If your spouse agrees, you can serve the papers by email. In this case, the email address must be current, and you must receive a reply confirming that the papers were received.  

• By leaving documents at the spouse’s address

  : If the spouse is not available, you can leave the documents at their address with a person over 16 years old who is willing to accept the papers on their behalf.  

Serving the Divorce Application in Sydney:  

• Professional Process Servers:

  If you’re unsure about serving the papers or if there are difficulties in serving them, you may wish to hire a process server. In Sydney, there are various process serving companies that can ensure the papers are served in accordance with the law.  

1. Complete the Proof of Service

After the divorce application is served, the person who served the documents must complete a Proof of Service form (Form 6B). This is a legal document that confirms your spouse was served with the application. You will need to file this Proof of Service with the court before the hearing.  

Attend the Divorce Hearing (if necessary) 

• If no disputes

  : If your spouse has not contested the divorce, and the application is straightforward, you may not need to attend the hearing. The court will process your divorce and send you a Divorce Order.  

• If disputes exist

  : If your spouse contests the divorce, you may need to attend a hearing where you will present evidence and your spouse can challenge the divorce.  

Obtain Your Divorce Order 

Once the court has processed your application, they will issue a Divorce Order. You will receive a Divorce Certificate (also called the Decree Absolute) about a month after the order is made. This legally ends your marriage.  

Important Considerations:  

• Separation period

  : You must have been separated for at least 12 months before you can apply for a divorce, unless you can prove to the court that you are living separately under one roof.  

• Proof of service

  : Be sure to file the proof of service within 28 days of the application being made.  

• Legal advice

  : If you’re unsure about the process or have concerns (e.g., about serving the papers), it’s a good idea to seek legal advice. A family lawyer can guide you through the divorce process and ensure everything is done correctly.  

If you’re looking for process servers in Sydney, or for additional help in serving the documents, you can consider contacting Citiserv Process Service (M) 0426 546 095 (Quotes). They can assist with ensuring proper service of the documents and provide advice if the other party is uncooperative