Have you been separated from your married spouse for quite some time and have lost touch but now want to get divorced?
First, you should read our lengthy detailed post - Step by Step Simple Guide Divorce here: https://www.tsuilawyers.com/post/step-by-step-simple-guide-divorce
If you have completed a Joint Application for Divorce, you are not required to effect service on the other party.
If you have completed a Sole Application for Divorce but cannot locate your estranged spouse, you will need to consider whether you can serve the divorce documents on your estranged spouse.
You should consider undertaking the following attempts to contact your estranged spouse to obtain their residential address, work address, or any other address for service:
Call, text, or email them directly
Contact them directly on social media (i.e. Facebook Messenger, Instagram messages, LinkedIn messages, etc)
Reach out to mutual friends or extended family members
Normally, you are required to arrange for personal service of the divorce documents on the other party. However, if you have complied with the above attempts and your estranged spouse still refuses to provide you with their address for service, only then you should consider seeking an order for dispensation of service or substituted service. You will need to file an Application in a Proceeding seeking substituted service or dispensation of service and your supporting affidavit.
Substituted Service is when the Judicial Registrar has allowed you to effect service on a third party who will bring it to the attention of the other party.
Dispensation of Service is when the Judicial Registrar has waived the requirement to effect service of the divorce documents.
You will be required to file a supporting affidavit detailing all your attempts of service. The affidavit should include the following points:
Your attempts in locating the other party
Details of your last interaction with the other party
The other party's last known contact details (residential and work address)
Your attempts in reaching out to friends, family members and/or colleagues
Details of any child support arrangements
Details of any joint assets and/or liabilities
Details of any overseas residence or travel of the other party
Responses (if any) from the other party
Costs in attempting to contact the other party
At the divorce hearing, the Judicial Registrar will review and assess whether to grant your orders (substitute service or dispensation of service).
Contact us for a free 20 minute initial consultation.
Follow us on Facebook and Instagram for regular posts on Family Law, Conveyancing and Wills & Estates.
*** Disclaimer:
Information on this website or post does not constitute legal advice and that electronic dialogue with readers does not constitute any form of client engagement unless specifically agreed. The information is provided on a general basis only. We strongly recommend that you seek your own independent advice from a lawyer about your situation.
Comments