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How do you go about serving (giving) a divorce application to the other party?

  • There are rules that deal with this issue.
  • If you are doing a joint application then you do not need to serve the papers but be prepared to demonstrate that both parties know the date of hearing.
  • If you are doing a sole application then you must serve the divorce papers on the other person.
  • There are rules and timeframes about when you must do this. The registry staff can assist you when you file your documents at the court or alternatively information is available on the Family Court website or in the divorce kit.
  • You need to provide the court with proof of service. This is done in an affidavit (a written document that you have sworn in front of a qualified witness). You can serve by post or by hand (personal service).
  • The other person needs to sign an Acknowledgement of Service document and return it to you.
  • There is also the option of using a professional process server. You need to pay a fee to the professional server to engage their services. 

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