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How to File Divorce Papers in Australia: A Complete Guide

  • October 3, 2023

Home " Legal Blog " Family Law " How to File Divorce Papers in Australia: A Complete Guide

How to File Divorce Papers in Australia: A Complete Guide

Understanding the process of serving a divorce petition
After successfully filing a divorce petition in Federal Circuit and Family Court through the Federal Portal and getting a hearing date, what's next? If you filed a joint divorce petition with your ex-spouse, there is no need to serve papers. But if you filed separately, here's what you need to know.
1. Submission of divorce applications: individual and joint applications
*Joint application:* service is not required when both parties sign.
*Separate application:* You will need to arrange for service of documents on your spouse.
2. Provisions of the Court relating to the manner of service
*By post:* The 1974 Family Law Act allows for service by post or in person.
*By email:* Although the bill does not cover modern methods like email, it may be possible to serve by email with an extra step.
3. What to do if divorce papers are not served personally
*Acknowledgement of access to services: *Must be signed by your spouse and can be sent by email.
*Prepare to serve affidavit:* Attach acknowledgement and swear affidavit to confirm spouse's signature.
4. Filing a divorce petition in person
*When Confirmation is Rejected:*Professional Delivery Person, usually costs about $250.00, personal service can be arranged.
*File an affidavit:* Details of the service must be prepared and filed with the court.
5. Can't find your ex-spouse? Options for continued operation
*Alternative service: *Served through a third party (e.g., a relative) who may notify your ex-spouse.
*Exemption from service:* The court may exempt service if personal service is not possible, especially if the spouse has moved overseas and has no known contact information.
6. What happens after service of documents?
*File an affidavit with the court: *Must submit details of how the service occurred.
*Alternative or Exempt Services:* A more detailed affidavit is required to advance your application.

The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.

 

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