Affidavit of service by post (divorce)

An Application for Divorce may be served by pre-paid post in a sealed envelope addressed to the respondent at their last known address (r 2.42(b) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021). The envelope must include an acknowledgment of service in the approved form and, for an Australian address, a stamped envelope for its return (r 2.43). A signed acknowledgment is evidence of service once the court is satisfied about the identity of the person who signed (r 2.46(1)). In this affidavit, given under r 2.45, the applicant swears to the posting and that they recognise their spouse's signature on the returned acknowledgment.

When you need it

• You filed a sole Application for Divorce, posted the documents to your spouse, and your spouse signed and returned the Acknowledgment of Service (Divorce).
• Not if the acknowledgment was not returned: arrange service by hand instead.
• Not if your spouse's lawyer signed the acknowledgment: that can be filed on its own (r 2.44(3)).

1. 1

   Part A - the applicant

   Your family name and given names.

2. 2

   Part B - details of service

   Your spouse's name, the postal address you used, the date of posting and the documents posted (Application for Divorce, the Marriage, Families and Separation brochure, and others).

3. 3

   Question 6 - the acknowledgment

   Tick that the Acknowledgment of Service is signed by your spouse and that it is attached.

4. 4

   Part C - swear or affirm

   Complete the form but do not sign until you are with a lawyer, Justice of the Peace (with JP number) or other authorised witness. You swear that you are the applicant, the person served is your spouse, the facts are true and you recognise the signature on the acknowledgment.

5. 5

   Annexure note

   The same witness completes and signs the annexure note on the attached acknowledgment, confirming it is the document referred to in your affidavit.

• Attach the signed Acknowledgment of Service (Divorce) and eFile both on the Commonwealth Courts Portal under your Application for Divorce. If you cannot eFile, post them to the registry where the divorce will be heard.
• The court's divorce service page says service must happen at least 28 days before the hearing if your spouse is in Australia, or 42 days if overseas.
• The documents to post include a sealed copy of the Application for Divorce with the Notice attached, a sealed copy of the Affidavit for eFiling, the Marriage, Families and Separation brochure, the acknowledgment and any other filed divorce documents, as the court lists.

• Only serve by post if you are confident your spouse will sign and return the acknowledgment. Without it the court will not be satisfied service happened.
• Include a short letter asking your spouse to sign Part C and return it, and a stamped self-addressed envelope (r 2.43).
• Write down the posting date when you post; you need it at question 4.