When you apply for a divorce in Australia, one of the key steps is making sure your ex-partner is properly notified. If you don’t serve them the documents correctly, your divorce may be delayed.
One common way to do this is by hand, thus, the affidavit of service by hand (divorce). This document proves to the court that the divorce papers were given to your ex-partner in person.
Let’s break down what it is, when to use it, who can help, and what to do if things don’t go smoothly.
What Is An Affidavit Of Service By Hand In A Divorce Case?
An affidavit of service by hand is a written statement used during a divorce to confirm that the documents were delivered in person to the other party.
It is signed by the person who served the documents and must be witnessed by an authorised person, such as a Justice of the Peace or lawyer.
The affidavit tells the court that the other person has received a copy of the divorce application and other required documents.
It includes important details like the time, date, and place of service, and how the server confirmed the person’s identity.
This affidavit is then filed with the court as proof that you’ve done your part to notify your ex-partner about the divorce.
When Do You Need To Serve Divorce Documents By Hand In Australia?
Hand service is required when you file a sole application for divorce. This means you’re applying for the divorce on your own, without your former spouse joining the application.
The court rules say your ex-partner must be served a copy of the application and other supporting documents.
This must happen at least 28 days before the divorce hearing if they’re in Australia, or 42 days if they’re overseas.
If they aren’t cooperating or won’t open their mail, personal service ensures they still get the documents. It’s also useful when you don’t have a reliable postal address for them.
Remember, you can’t serve the documents yourself. Someone else must do it on your behalf.
Also Read: What Is No-Fault Divorce? Everything You Should Know
Who Can Personally Serve Divorce Papers On My Behalf?
You can ask a friend, relative, or a professional process server to deliver the divorce papers by hand. The important rule is: you cannot do it yourself.
The person serving the documents must be at least 18 years old and not involved in the case. This rule helps make sure the process is fair and unbiased.
Process servers are trained and experienced. They know how to handle tricky situations and provide all the right paperwork.
But if you prefer, a trusted adult you know can also do it, as long as they follow the correct steps.
Once the papers are delivered, that person must fill out and sign the affidavit of service by hand truthfully and in full detail.
What Must Be Included In The Affidavit Of Service By Hand?
The affidavit should be filled out as soon as the documents have been served. It must include:
- The name of the person served (your ex-partner)
- The name of the person who did the serving
- The date, time, and exact location where the service happened
- A description of how your ex-partner was identified (for example, they confirmed their name or showed ID)
- A list of documents handed over (e.g., a sealed copy of the divorce application)
- A clear statement that the server gave the documents directly to the other party
The person who served the papers must then sign the affidavit in front of an authorised witness. This confirms the truth of everything written in the document.
If the person served signed an Acknowledgment of Service form, this should also be attached to the affidavit before filing it with the court.
Also Read: Understanding Contested Divorce in Australia: What You Need to Know
What Happens If The Other Party Refuses To Accept The Documents?
Sometimes, your ex-partner might refuse to take the documents or pretend not to know what they are. That doesn’t mean the service wasn’t successful.
Under Australian law, as long as the documents are handed to the person directly and the server identifies them properly, service has occurred—even if the other party drops the papers or walks away.
The server should describe what happened in the affidavit.
For example, they might write that the person refused to speak or take the documents but the documents were placed at their feet after they were told what they were.
If your ex-partner hides or avoids being served, you may apply to the court for substituted service or dispensation of service.
This means asking the court to allow service in a different way (like email or social media), or to proceed without serving them at all—if you’ve made every reasonable effort.
Also Read: What Happens If Divorce Papers Are Not Responded To on Time?
Making Sure The Process Is Handled Right
Serving divorce documents by hand sounds simple, but there are strict rules to follow. An affidavit of service by hand (divorce) helps show the court that you’ve done things the right way.
It gives the court confidence that your ex-partner knows about the divorce and has a fair chance to respond. Always double-check timelines, ensure paperwork is complete, and ask for help if you’re unsure.
Need Help With Divorce Documents?
Do you need help making sure your divorce documents are served properly? At Ipswich Family Lawyers, we understand the court’s requirements and offer guidance to make the process easier.
Whether you need help finding a process server, preparing the affidavit, or understanding your options when things don’t go as planned, we’re here to support you every step of the way.
Contact us today for practical advice and assistance tailored to your situation.
