How Are Divorce Papers Served in Australia?

family law, divorce lawyers canberra, family law lawyers canberra

Divorce cases are on the rise in many cities in Australia, including Canberra. Although it is not taboo, it has raised serious concerns about the sanctity and longevity of marriages. However, if a couple has decided to go ahead with the divorce application, the court would need substantial proof that the spouse is aware of such application and has received copies of all relevant documents. But there is a difference in service between solo and joint divorces. When both the parties are applying for divorce, there would be no need to serve the documents at all. However, if you are the only one applying for divorce, the onus is on you to serve the divorce documents to your spouse.

How Can You Serve the Divorce Papers?

The family law states that there are multiple ways to serve the divorce papers like by post, hand delivery, and directly to your spouse's lawyer. The last option is only possible if they have a lawyer and are ready to accept the documents. 

Among all these options, delivery of the papers by post is the cheapest and the most convenient way to serve the divorce papers. But the main drawback of this option is that your ex may refuse to sign and return the acknowledgment. Remember, you cannot serve the papers yourself, and should be done by someone over 18 years of age.

When Do You Need to Serve the Documents?

Divorce papers must be filed before the hearing date approaches. You will not be charged any filing fee when you file the required documents. In Australia, you must serve your ex with documents a minimum of 28 days before the hearing. 

Since it is a complex process, you can trust divorce lawyers in Canberra to do the job for you. They will take care of the filing process and serve the documents on your behalf.

Choosing the Best Family Lawyer

If you have decided to engage the services of family law lawyers in Canberra, choose the best lawyers. The most important thing to consider is the budget, as most family lawyers charge on an hourly basis. A few lawyers accept a fixed fee in exchange for their services. When you begin your search, you must be realistic about the role of the family law lawyer and what you can expect them to do. 

Personal compatibility is also important. So choose a lawyer with whom you are comfortable.


Location: Australia

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