A Divorce Application is one of the most commonly filed Applications in Australia for for both represented and self represented people alike. The Federal Circuit and Family Court of Australia have made the filing of the Application for Divorce incredibly streamlined and accessible. People wishing to act for themselves without the use of a legal firm, can file the Application for Divorce completely online, even paying the filing fee via credit card through their secure portal. Self representing can save a lot of money, given there aren’t too many complications which can occur when filing a Divorce Application. That said, if you’re unsure about any part of the process of Divorce filing, you should speak with a representative from the Court, else a trained and practising legal professional. For those who feel they wish to proceed as self represented, relying on the wealth of information on the Federal Circuit and Family Court of Australia website, the ComCourts portal is the gateway to filing your Divorce Application. Best of all, use of the portal is completely free of charge and highly secure. The only time you pay in the portal, is where a lodgment/filing fee for an application or documents would have been payable over the counter for the same filing.

If you haven’t used the ComCourts portal before, you can easily register for your unique profile. If you’ve had past or historical family law matters, you can request these past matters are added to your profile, so as you have a ready resource for all your family law and divorce filings. The portal is also a great resource for obtaining copies of orders made in your matter/s.

If after starting the process of lodging your Divorce Application online you discover you don’t have everything you need to complete your application, never fear, you don’t have to start over, just save where you’re up to and log out, until you’re ready to proceed with your application. Typical things you’ll need when filing your Divorce Appplication via the ComCourts portal are your marriage certificate, details of custody arrangements for children of the marriage, existing court orders and citizenship certificate if you became an Australian Citizen prior to the Divorce Application.

Once your Divorce Application has been filed, the ComCourts Portal can be accessed at any time, day or night for reviewing your filed documents, adding new documents or viewing Orders the Court may have made in relation to your matter. After the filing of your Application for Divorce, filed or ‘sealed’ copies of your documents can be downloaded ready for serving on the other party to the divorce application. Once filed, the ComCourts portal will modify your documents, by placing a red Seal of the Court on every page, as well as water marking every page as to when the documents were filed and the file number for the matter.

The sealed documents will not be available until you have uploaded all of the required information and paid the filing fee, as is applicable for your circumstances.

Once the sealed documents are available, they need to be served on the other person. You should always serve only sealed documents on the other person. The sealed documents tell the other person, that the Court has been made aware of all of the information contained in the documents. There are some rare exceptions to documents served which are not sealed, such as correspondence from the Court as to adjourned hearing time and dates or in recent times telephone conference instructions. Where the correspondence from the Court is also served, it should be clear for the reader to see that it originated from the Federal Circuit and Family Court of Australia.

As a bare minimum when serving an Application for Divorce, four items should be served. The Application for Divorce, Affidavit for eFiling, Marriage Certificate and Brochure – Marriage, Families and Separation. The first three are the minimum filing documents to proceed with an Application for Divorce. There may be other documents you have filed also, in certain circumstances. On occasion an error in a filed Application for Divorce may not become apparent until after it has been filed. In the case of an error, the Court will require the Applicant to file an Affidavit detailing the circumstances of the error and the correct information which should have appeared in the Application. Just as with the Application for Divorce, once an Affidavit correcting errors has been uploaded, a sealed copy of the document can be downloaded from the ComCourts portal and should be served along with other documents.

Other documents which may be filed, may be where the Applicant was not originally and Australian Citizen, but obtained Citizenship at some point. In this case the Applicant’s Citizenship certificated is usually uploaded to the portal, then a sealed copy downloaded to serve along with the other documents.

Once you have filed all of your documents in the ComCourts portal and paid your fee, your all set to download the documents and decide on your service choice for ensuring you comply with the requirements of the Court in making the other person aware of the filing. Sometimes you may be lucky enough to have the other person agreeable to sign the acknowledgment of service and proceed with service via post. Sadly, not all ex-spouses are cooperative when it comes to accepting service of the divorce application. In this case it’s always best to use a process server. Process server have the skills and knowledge to give your divorce application the best chance of being served personally, else making the required efforts and affidavit to support dispensation or sub-stitututed service orders. For more information about these options see Court website under Are you having trouble serving your divorce application?

Process servers, what are they and what do they do?

Process Servers…. it’s a bit of a strange sounding term to many people. Not a common phrase by any stretch. That then begs the questions… why are they called that? why are they needed? when will I need one? how do I find a good one?

I suppose the simplest way to start unravelling this mystery is where the name comes from. The first part ….. “process” talks about a “court process” otherwise known as court documents, court papers, sealed documents, legal proceedings, etc. The word “process” is a generic term, as different proceedings in a court start different ways. Another generic term used when starting a legal matter is to use its “Initiating Process”, which is to file the documents which get the matter started. There are very specific rules in each Court or Tribunal which filing an Initiating Process and you must be sure you comply with the rules of the Court, or your documents will most likely be rejected when you attempt to file them. If you’re not sure on how the Initiating Process should be completed, you should obtain advice from a legal professional.

Some matters are started by an “Application”, others are started by a “Claim”. Some are started by a “Complaint” and other less common methods are used as well to commence a legal proceeding. The different ways that a legal matter starts is very important to how the person starting it wishes for the matter to proceed and their end goal. If you’re unsure how to start a legal proceeding, or which Court or jurisdiction the matter should be started in, it’s best to talk with the Court directly or a trained legal professional, like a solicitor.

Once you’ve filed your Initiating Process, irrespective of the Process, the Court will expect all involved persons, parties and entities to be given a copy of what has been filed in the Court. The Court will usually not be willing to proceed with the matter if they’re not convinced the other people involved have a copy of the documents filed in the Court.

Often the rules of the Court specify that a copy of the legal documents must be given personally to the other person or people named in the Initiating Process. There are exceptions to some personal service rules, which allow for giving the documents by slightly varied methods as well, like leaving it with a co-resident where the person lives. When taking the documents to the person and handing to them, the method of giving the documents is called “serving” and the person handing them over is the “server”. Hence the name “Process Server”. In essence a Process Server is a person who delivers legal documents to people and entities like companies.

Given the Courts in many cases are needing for the documents to be personally served on the other person, the need for process servers is absolute. Particularly where certain types of documents are explicitly excluded from the filing person being allowed to serve the documents themselves.

There are also great advantages in having a process server complete the service of the documents. Process servers do this work on a daily basis and are very familiar with the different and sometimes difficult circumstances arising when serving documents. Process servers know what the Courts expect in proving service happened appropriately. It’s very important on the day of going before the Court, that the person filing the Process with the Court can satisfy the Court that the documents came to the attention of the other person or people. The Process Server knows what’s required in providing that proof for the Court and will provide that proof after the documents are served. Another great advantage of a process server is they are distanced from the matter. People getting served are often resistant to being served and wish to be difficult or engage the process server in discussion about the matter. The process server simply advises they are not involved in the matter and are only delivering the documents. This often assists in reducing the resistance of the person being served.

Common places ordinary people may need a process server might be when a relationship or marriage ends. Often there is an Application for Divorce or Property or Children’s matters which need to be addressed before the Court. These are a highly common filing which need to be served on the other person in the relationship. Another common filing is a claim for unpaid money, such as under an agreement, services rendered, unpaid invoices, costs of motor accident repair, etc. These are filed in a number of different Courts, Tribunals and Jurisdictions, depending on the type of matter and the value of the money claimed. Different Courts, Tribunals and Jurisdictions, allow for service to proceed in different ways and a Process Server will know the requirements for each Court prior to serving the documents.

The best way to find a process server is online searching. There are many very experienced firms who are easy to find with an internet search. Pricing will vary from firm to firm and also based on the area of service and jurisdiction. As a guide to costs look at our pricing page. An exact quote can also be provided using the form on the page. The best way to pick a process serving is to ask them some questions about how they will address various issues which may arise in serving your documents. A good process server will always have answers to your questions. If they sound confused or unsure, they’re not the right person to get your job done. A good process server will also respond to you relatively quickly, if it’s taking days to get answers to simple questions, guaranteed you’ll have the same problem if you instruct them to serve your documents. Call the next person on the list.

If you’re ready to proceed to serving your documents, we can assist. Please follow our Step-by-Step guide to commence instructing us, else feel free to call or email with any further questions you may have.

Local process serving agents with decades of experience, ensuring your divorce application is served with the least possible fuss. Professional agents who can not only complete your service, but have the additional knowledge and skill to ensure that all details of your service comply with the requirements and expectations of the courts.

With filing of your divorce application easily available via the Commonwealth Courts Portal, forwarding your matter for service couldn’t be easier. The Commonwealth Courts Portal will provide you with sealed PDF copies of all documents which need to be served. Simply download the filed documents and email [info@avidinvestigations.com.au] them to our office along with your instructions to serve.

If you’re not sure how to write an instruction to serve the documents, just follow our Step-by-Step guide, with an instruction letter example to copy and paste for your own matter.

When forwarding your documents for service, remember that at a minimum there should be four documents. There should be Application for Divorce, Affidavit for eFiling, Marriage Certificate and Brochure – Marriage, Families and Separation. If you became an Australian citizen, you’ll also usually file and serve your Citizenship certificate. There are other documents which also need to be served in special cases, for example if your Marriage Certificate was originally in a language other than English. The simplest way to be sure you’re serving the required documents is…. if you filed it, you should serve it.

There’s no need to forward the draft Affidavit or Service of Acknowledgment of Service, we will produce those once your matter has been received. As attempts to serve the documents happen, we will email you reports to advise what is happening.

No need to pay until your matter has been finalised. We will email you an invoice at the conclusion with bank details to make an electronic transfer via internet banking or similar method.

Prices to serve the divorce applications vary, based on the location of the person to be served. We can confirm the price to serve in writing, prior to you instructing the service. Simply email our office with subject “Quote” and tell us in the email the matter is a divorce application service and the location where the person needs to be serve. We will usually answer your request for a quote on the same day. If your matter is more urgent, please feel free to telephone our office and we can quickly give you a verbal quote.

Remember time limits for service apply once your application for divorce has been filed. The Court expects the respondent in the matter to be serves at least 28 days before the date of the Court hearing for your matter. While there are exceptions to the 28 days service window, it is best to instruct your service as soon as you have filed your documents in case there are issues with completing service.

For more information, please review our page Helpful information about Serving your Divorce. Moving through a divorce application can often be an emotional exercise. Our professional agents and service will guide you through the service process to make the process and seamless and easy as it can possibly be.

Any document filed with a court must be served on all other parties (Respondent/s usually) to the matter. There are different rules about how service of documents in different types in family law matters should occur. Initiating applications and other ways of starting matters, must generally be served by hand to the other parties. That means handing the document to them personally, or at the very least attempting to hand it to them. A good way to think of service of initiating documents is each person needs to be made aware of what is happening and being asked for from the Court, so the other people have a chance to consider what’s asked for and have their say also. Without the personal service, the court may form a view that it can’t make orders, as the involved persons/parties haven’t had a chance to have their say.

By definition, Personal Service or court document service is when court documents (often these are divorce papers and family law documents) are served by hand to an individual or other entity like a company. Though most family law documents are served directly on the alternate person from a relationship of marriage which has broken down.

There are also time limits, or reasonable notice that you need to provide to the other people getting served. While it’s not always possible, the Court expects people being served receive the filed documents, also known as sealed documents at least 28 days before the date of the hearing set for the matter. If you haven’t served within 28 days of the hearing, it doesn’t mean your matter can’t proceed, but it is likely to be delayed as to presiding judge or registrar will usually allow the served person more time to read the material served and file their own material. A new date is then set for the matter, which is known as an adjournment. Ideally though, you want to get your matter brought on as fast as possible to deal with the matters of the application, so progressing to serving your documents as soon as their filed will assist in progressing your matter, often with fewer delays.

Many people plan to serve their own documents after they’ve been filed. Unfortunately to serve family documents and serve divorce documents, use must use a third party. This can be a friend of family member, though issues can arise later if the service does not go smoothly. There can be accusations as to conduct of the serving person, due to attempts to frustrate the service, as well as understanding the correct process to ensure the service complies with the expectations of the court. While it is allowed under the rules, it is far from preferable.

A Process Server is a person who is able to perform court document serving for any court case. In Queensland the current legislation governing the licencing of process servers is known as the Debt Collectors (Field Agents and Collection Agents) Act 2014. For which ever state in which you are required to have your documents served, you should ensure you serving agent or process server is appropriately licenced under that states’s laws. Not meeting the licencing requirements could potentially impact on the validly of your served documents after the fact, so always best to check. In Queensland the Office of Fair Trading has a website for searching agent licence numbers. Any licenced agent should be more than pleased to provide their licence number to you.

As you can see from the information, there is a great deal to know and understand when serving court documents. Therefore it is wise to use a professional who understands the procedures and more importantly is emotionally detached. A professional Process Server effects service correctly and provides sworn affidavits and other documentation necessary for lodgement at the court registry.

If you feel you are confident to proceed to the service of your documents, the sealed documents available from the Commonwealth Courts Portal can be emailed directly to our office along with your instructions to serve the otherside in your matter. It is very important that all documents filed in the Court are served on the otherside and each of the filed documents uploaded to the court portal can then be downloaded with a Court Seal stamped over the top of each document.

To proceed to instructing service, we need the relevant information and it may help to follow our Step-by-Step guide, which includes a draft instruction letter, which can be copied and pasted to your email, then modified for your matter.

One of the most common requests I receive from self represented parties is to serve divorce documents. The process of completing the full divorce application from start to finish can be a daunting one for most people. This is often because, there are many steps which need to be completed correctly, if your Application for Divorce is to be accepted on the day of the Hearing for the matter.

In Australia, getting a divorce occurs via the Federal Circuit and Family Court of Australia. By far the simplest way to complete the Application for Divorce is to lodge the application via the Commonwealth Courts Portal.

The requirement to serve the documents on your former spouse must be completed in the manner which satisfies the Court. While a process server is not required to serve the documents, you’re not allowed to serve the documents yourself if you are the Applicant. Another part of the service which the Court expects you to complete is seeking your ex-spouse, the Respondent sign an Acknowledgment of Service. The Acknowledgment of Service is a document where your ex-spouse is saying they’ve received the Application for Divorce and associated documents.

To make matters worst, some ex-spouses do not wish to cooperate with the process of being served with divorce documents, yet the service must proceed despite their efforts to avoid being served. Despite the efforts of a difficult partner, there are still ways to achieve successfully serving the divorce documents, which will satisfy the Court and allow your application to complete.

One more complication which arises when serving documents is the need to give your ex-spouse the appropriate notice of the hearing date. Presently, the divorce documents are expected to be served at least 28 days by the date of the hearing. Usually you get three to five months from to the date you file your documents until when the hearing happens. Though while that sounds like a lot of time to get your documents served, if your ex-spouse chooses to be difficult, the time can get away very quickly and you can find yourself out of time to serve the documents.

So what happens if you haven’t served your divorce documents within the appropriate time frame? Never fear, all is not lost if you’re inside the 28 day period and you still haven’t served your ex-spouse. You can email the Federal Circuit and Family Court of Australia, quoting your file number, your name and your ex-spouses name and request an adjourned date (a later date) for your divorce hearing. The Court will respond to you, usually granting the adjournment, else seeking more information about your request. Once the new date (adjourned hearing date) has been set, you can resume efforts to serve your divorce documents upon your ex-spouse. There’s no fee for requesting the adjourned date, but you mustn’t repeatedly seek adjournments, else the Court may dismiss your matter altogether. Best to always serve the documents as soon as possible to ensure you’re not needing to seek an adjournment at all. On last thing about asking for an adjournment, if you do seek an adjourned date for your divorce hearing, you’ll also need to serve a copy of the email from the Court on your ex-partner, so they know about the new time and date of the hearing.

So what do you need to serve for your divorce application? The simple answer is…. anything you’ve filed in the Court for your matter. Whether you’ve used the Commonwealth Courts Portal or filed your documents manually at one of the registries around Australia, you will receive or can download a copy of the ‘sealed documents’. Sealed documents means documents which have the Court stamp or ‘Court Seal’ placed on them. The Seal of the Court is an indicator to anyone viewing the documents that the documents have been filed in the Court.

The sealed documents will usually include at a minimum your Application for Divorce (including Notice to Respondent on top), Affidavit for eFiling and Marriage Certificate. If you were not born in Australia but became an Australian Citizen, you will also usually file your Citizenship Certificate. A lessor seen document which sometimes filed are Affidavit of Translation of Marriage Certificate, if your Marriage Certificate was issued in a language other than English. Occasionally, you may also need to file a separate affidavit to satisfy the Court if any minor issue arises with your Application after you’ve filed it or an error is discovered after you’ve filed your divorce application.

One last item to be served with divorce applications in Australia is the Brochure issued by the Court called Marriage, Families & Separation. Most good process servers know that this brochure must be served as well and will simply include it, even if you forget to ask for it to be served.

So basically the idea is, that if you’ve filed the documents in the Court, you should be giving a copy of all those filed documents to your ex-spouse. The point of giving the documents to your ex-spouse is so that they can’t claim later they didn’t know about anything that was in the filed documents. If they disagree with what has been filed, they can seek to correct what they disagree with, hence the purpose of the 28 days notice.