Acknowledgment of service (divorce)

An Application for Divorce must be served on the respondent personally or by pre-paid post to their last known address (r 2.42 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021). If it is posted, an acknowledgment of service in the approved form and a return envelope must be included (r 2.43). The person served, or their lawyer, may sign the acknowledgment (r 2.44(2)). A lawyer's signed acknowledgment, once filed, is itself proof of service on the date acknowledged (r 2.44(3)). An acknowledgment signed by the respondent is evidence of service if the court is satisfied about the identity of the person served (r 2.46(1)), which is why it is attached to an affidavit of service and sometimes an affidavit proving signature (r 2.47).

When you need it

• You filed a sole Application for Divorce and are serving it by post: the acknowledgment goes in the envelope for your spouse to sign and send back.
• Your server is handing the documents to your spouse: the server asks your spouse to sign it at Part C.
• Your spouse's lawyer has agreed in writing to accept service: the lawyer signs and returns it.
• Not needed for a joint application, which does not have to be served.

1. 1

   Court and file details

   Tick Division 1, Division 2 or other, and add the client ID and file number from your divorce application. Leave the court use boxes blank.

2. 2

   Part A and Part B - fill in before service

   The court says items 1 and 2 (the applicant's name and the respondent's name) must be completed by the person serving before the form is served. Part B also records the date the documents were served and ticks which documents were served: the Application for Divorce, the Marriage, Families and Separation brochure, and any others.

3. 3

   Part C - signing by the respondent or their lawyer

   The respondent signs and dates the first statement. If a lawyer accepts service, the lawyer signs the second statement instead and adds their printed name, lawyer's code and address.

4. 4

   Annexure note - witness only

   When the acknowledgment is attached to your affidavit of service, the witness to that affidavit completes the annexure note: whose affidavit it belongs to, where and when it was sworn or affirmed, and their capacity (lawyer, Justice of the Peace with JP number, or other). The witness is not witnessing your spouse's signature.

• Unless a lawyer signed it, attach the acknowledgment to an Affidavit of Service by Post (Divorce) or an Affidavit of Service by Hand (Divorce), and where needed an Affidavit Proving Signature (Divorce).
• A lawyer-signed acknowledgment can be filed on its own as proof of service (r 2.44(3)).
• eFile the service documents on the Commonwealth Courts Portal against your Application for Divorce. If you cannot, the court says to post them to the registry where the divorce will be heard.
• Timing: the court's divorce service page says documents must be served at least 28 days before the hearing if your spouse is in Australia, or 42 days if they are overseas. A lawyer's acknowledgment must be dated at least 28 days before the hearing.
• When serving by post, include a stamped self-addressed envelope for its return (r 2.43).

• Only rely on post if you are confident your spouse will sign and return the form. Without it the court will not be satisfied service happened.
• If your spouse is in prison, the court's service page explains that the person in charge of the prison signs Part C with a note of their position.
• Keep a record of the date you posted or handed over the documents; you will need it for the affidavit.