When Service Is Required

Service is required for sole applications only. If you file a joint application, no service is needed because both parties have already signed.

Timeframe for Service

Papers must be served:

In Australia: At least 28 days before the hearing

Overseas: At least 42 days before the hearing

Methods of Service

Personal Service (Preferred)

Someone hand-delivers the documents directly to your spouse. This can be:

A professional process server

A friend or family member over 18 (not you)

A solicitor's clerk

Postal Service

Sending by registered post is acceptable if:

Your spouse returns the signed Acknowledgment of Service (Form 1A)

You have proof of delivery

Electronic Service

Email or messaging may be allowed if:

You have the court's permission

Other methods have failed or are impractical

What Must Be Served

- Sealed copy of Application for Divorce (Form 1)

Blank Form 1A (Acknowledgment of Service)

Any affidavits filed

Proof of Service

You need evidence that service occurred:

If personal service: Affidavit of Service from the person who served

If postal: Signed Form 1A returned by your spouse

If electronic: Court order permitting + proof of delivery

When Your Spouse Can't Be Found

Substituted Service

Ask the court to allow service by alternative means:

Social media message

Advertising in a newspaper

Through a family member

Dispensation of Service

In extreme cases, ask the court to proceed without serving your spouse at all. You must show:

You've made all reasonable efforts

Further attempts would be futile

What If Spouse Won't Sign Form 1A?

They don't have to sign. As long as you can prove they received the papers, the divorce can proceed. Options:

Affidavit from the process server

Tracking proof from registered post

Serving Divorce Papers: What You Need to Know