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If you are having trouble serving your divorce application on your spouse, this fact sheet may help you. It explains the two options you have when you cannot serve your divorce application on your spouse – ‘substituted service’ or ‘dispensation of service’. A Court order is required for both options.
Service is the process of sending or giving court documents to a party. The documents must be filed with the Court before service can take place. Service ensures that all parties have received the documents filed with the Court.
If after making all reasonable attempts you cannot serve your divorce application on your spouse, you can apply to the Court for:
substituted service, or
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 for substituted service or dispensation of service. You can seek legal advice from a:
Court staff can help you with questions about court forms and the court process, but cannot give you legal advice.
To apply to the Court for substituted service or dispensation of service, you need to complete an application in a case and affidavit.
You need to explain all the steps you have taken to locate your spouse (the respondent) in your affidavit, for example:
This fact sheet provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Family Court of Australia and Federal Circuit Court of Australia cannot provide legal advice.
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Citiserv Process Service (M) 0426 546 095 (T) 02 9538 0839 E: info@citiserv.com.au