Serving divorce papers on the Gold Coast
If you have filed a sole application for divorce, the other party must be served. You cannot do it yourself, but someone else over 18 can. We do it discreetly and prepare the paperwork the court needs.
- Area
- Gold Coast and Northern NSW
- You receive
- Affidavit of service by hand
- Quote
- Before we start
Why service matters in a divorce
The court needs to be satisfied that your spouse has been given the application before it can make a divorce order. If service cannot be proved, the hearing can be delayed or the application can be put off, which costs time and money.
The rules in brief
- In a sole application, the other party must be served. A joint application does not need to be served.
- The documents must be served at least 28 days before the hearing if your spouse is in Australia, and at least 42 days before if they are overseas.
- You cannot serve the documents on your spouse yourself. Anyone over 18 who is not the applicant can do it.
- The person who serves must swear or sign an affidavit of service, which is filed with the court before the hearing.
- Where your spouse is willing, they can sign an Acknowledgment of Service instead. If they will not, service by hand is the usual next step.
What we do
We attend the address you give us, identify your spouse, hand over the sealed application and the other documents the court requires, and record the date, time and place. We keep the process calm and professional, which matters when emotions are running high.
We then prepare an affidavit of service by hand in the form the court uses, ready for you to file. Because we are independent of the case, we do not take sides or get involved in the dispute.
If your spouse cannot be found
If you have made reasonable attempts and cannot serve your spouse, the court can be asked to allow another way of serving or, in some cases, to dispense with service. We can supply a record of attendances and enquiries to support that application. You should get legal advice before making it.
Frequently asked questions
Can my friend or family member serve the divorce papers?
Yes, anyone over 18 who is not the applicant can serve them, but they will need to swear an affidavit and may need to appear if the court has questions. Many people prefer a process server because it is more impartial and the paperwork is done properly.
How long do I have to serve divorce papers?
The documents must be served at least 28 days before the hearing if your spouse is in Australia, or 42 days if overseas. Because hearing dates are set when you file, start the service process as soon as you have the sealed documents.
What if my spouse will not take the papers?
Our agents are used to this. In general, what matters is that the person is correctly identified and the documents are properly delivered to them. We will explain what happened in the affidavit.
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.
Documents to serve?
Call us or send your instructions. We confirm what is needed and quote before we start.