Serving court documents in a divorce application

All divorce applications which have not been made as a joint application and with the consent of both parties, require the non-applicant spouse to receive the following documents before a Divorce Order can be granted:

1.    A sealed copy of your divorce application; and

2.    A brochure entitled, ‘Marriage, Families and Separation’.

This application is called a sole application, and you must ensure that you file proof that the documents have been received by the non-applicant spouse at least 28 days before the court allocated divorce hearing date. Otherwise, it is highly likely that your divorce hearing date will be adjourned. Given the current back log at the Family Court, this can mean an additional 1-2 month wait.

This legal process is called ‘service’ and its purpose is to ensure that the non-applicant spouse is afforded procedural fairness, and a fair opportunity to respond to the application for divorce.

A more detailed explanation of the requirements you need to satisfy can be found by clicking here.

In the event that the non-applicant spouse is overseas, or you are unaware of the non-applicant spouses whereabouts, we highly recommend that you receive legal advice as the process is more difficult and requires further formalities to be attended to before the Court is in a position to grant a divorce order.

Whether it be assisting you with your divorce application or representing you in the Family Court of Western Australia in respect to children’s matters or property matters, our Family Lawyers are here to help. Contact us on 08 6243 7544 for more information.


General Advice Warning

The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a suitably qualified lawyer.

All legal and other matters referred to in this article are of a general nature only and are based on Affinitas Legal’s interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time and the information contained herein may be out of date.

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