Service in family law matters: a guide

Service is the process of providing court documents to the other party or parties involved in a matter. Service is important because it makes sure all parties are aware that they have a matter with the Court.

In this article, we break down substituted service and dispensation of service, and answer some frequently asked questions about service.

Service in divorce matters

You are required to serve divorce documents on your spouse if you have filed a sole application for divorce or if you are a Respondent filing a Response to Divorce.

You are not required to serve if you have made a joint application for divorce.

If your spouse is:

• In Australia: All documents must be served at least 28 days before the court hearing.
• Overseas: All documents must be served at least 42 days before the court hearing. 
  

How can I serve the documents?

• Service by post: If you are confident your spouse will send you back a signed Acknowledgement of Service (Divorce form) you can attempt a service by post.
  
• Service by hand: A friend, family member of professional service that is over 18 years of age can serve the documents on your behalf.
  
• By serving your spouse’s lawyer: You can serve the documents on your spouse’s lawyer if they agree to accept service.

You should obtain advice about which method of service is most appropriate in your situation.

Substituted service

If you file a sole divorce application and you cannot serve your spouse by hand, by post or through their lawyer, you can ask Court for an order allowing you to serve the documents in another way.

What forms do I need?

• Application in a Proceeding (asking for substituted service orders); and
• Affidavit (your evidence supporting the orders you want).

What should I include in my affidavit?

• When you last saw or spoke to your spouse and what happened;
• Every attempt you made to serve them – by hand; by post; through a lawyer – and why those attempts did not work;
• Steps you took to locate/contact them;
• Evidence to attach (e.g. screenshots of messages, emails, returned mail, call logs and/or social media details);
• The substituted method you want the Court to order and why it is likely to reach your spouse; and

When looking into service your spouse, ensure that you are mindful of any ADVO conditions.  

How do I file my application?

1. Gather evidence of your attempts to serve and contact your spouse;
2. Draft your affidavit explaining your attempts and the substituted method you want;
3. Have the affidavit witnessed and attach your supporting documents;
4. Complete the Application in a Proceeding requesting substituted orders for service;
5. eFile the Application in a Proceeding and affidavit through the Commonwealth Courts Portal; and then
6. The Court will list your application for a hearing and decide whether to make the orders you have asked for

Common substituted service orders examples:

• Emailing the sealed divorce application to your spouse;
• Sending the documents by SMS to a phone number your spouse uses;
• Sending a message with the documents via a social media account your spouse actively uses; or
• Serving the documents on a trusted third person – for example, a close relative – who the Court is satisfied will bring them to your spouse’s attention.
  

Dispensation of service

If you do not know where your spouse is and you cannot contact them, the court may allow you to make an order dispensing with service. Dispensation of service is a court order that removes the requirement to personally serve legal documents on your spouse when all reasonable attempts to locate them have been made, your spouse cannot be reached via social media, postal service or email, and, the costs or practical difficulties of further attempts are significant.

How do I apply?

1. File an Application in a proceeding with the Court.
2. Submit an affidavit detailing all the steps you have completed to locate the other party, including:
   • Last known contact and addresses;
   • Attempts to communicate via email, phone or social media;
   • Inquiries with friends, relatives, or employers;
   • Any failed communications or returned correspondence; and
   • Practical or financial difficulties in continuing to further attempt service.

The court will review the application and may grant the order to dispense service if the court is satisfied that all reasonable efforts have been made.

Frequently asked questions

Can I serve the documents myself?

You cannot serve the divorce documents yourself. Service must be done by someone else who is over 18, such as a friend, family member, or professional process server.

What happens if service is done incorrectly?

If service is done incorrectly, the Court may delay or adjourn your divorce hearing and require you to serve the documents again. In some cases, your application may be dismissed if you do not fix the service issues in time.

What if I don’t know where my spouse lives?

If you cannot find your spouse or contact them after making reasonable attempts, you may need to seek dispensation of service or substituted service. You should obtain advice about this. 

What if my spouse refuses to accept the documents?

If a server can identify your spouse and your spouse is made aware of what the documents being served are, service may still be effective even if your spouse refuses to take the documents. The server should record exactly what happened in the Affidavit of Service. If your spouse is actively avoiding service, you may need to apply for substituted service or dispensation of service.

What if my spouse is overseas?

If your spouse is overseas, you generally must serve at least 42 days before the hearing. International service can be more complicated and may involve extra steps depending on the country. 

Do I have to serve documents for parenting or property matters too?

Yes, unless orders are made otherwise.

What if I am worried about safety or family violence when arranging service?

If you are concerned with your safety, you can use a professional process server and avoid direct contact. Tell your lawyer or the Court about any family violence concerns so appropriate arrangements can be considered.

What if my court date is coming up and I have not been able to serve in time?

You may need to apply for substituted service or ask the Court to adjourn the matter so that service can be completed properly.

Information accurate as of 5th June 2026. The information above is not legal advice. If you have a legal issue, please get specific legal advice.