If you apply for a divorce on your own (a sole application), you must make sure your spouse receives the application. This guide summarises the court’s requirements. Always check the Federal Circuit and Family Court’s current Divorce Service Kit.
Do you have to serve?
Yes, in a sole application. If you and your spouse apply together, there is no need to serve.
Time limits
- Served at least 28 days before the hearing if your spouse is in Australia
- Served at least 42 days before the hearing if your spouse is overseas
If you cannot meet these time limits, you will need to ask the court to adjourn the hearing so that you have time to serve.
Who can serve?
You cannot serve the documents yourself. You can ask anyone over 18 to do it. They will need to sign an affidavit to prove that service happened in time.
Two ways to serve
- By post, with an Acknowledgment of Service (Divorce) form that your spouse signs and returns. You then file an affidavit of service by post along with the signed acknowledgment.
- By hand, where someone delivers the documents personally. They then complete an affidavit of service by hand.
If your spouse will not sign or cannot be found
If the acknowledgment does not come back, service by hand is the usual next step. If you have taken all reasonable steps and still cannot serve your spouse, you can apply to the court for other orders, including that service is done another way or dispensed with. It is best to get legal advice before making that application.
How we can help
We serve the documents by hand, discreetly and professionally, and prepare the affidavit for you to file.
Quick answers
What happens if I do not prove service?
If service is not proved, the court can delay or refuse the divorce application until it is.
Sources and further reading
Last reviewed 24 October 2026. This page is general information about process serving. It is not legal advice. If you are unsure about service requirements in your matter, speak to a solicitor.