Affidavit proving signature (divorce)

Rule 2.47 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 allows evidence that the signature on an acknowledgment of service is that of the person to be served to be given by an affidavit proving signature in the approved form. An acknowledgment signed by the respondent only counts as evidence of service if the court is satisfied about the identity of the person served (r 2.46(1)). The court's form page says this affidavit is needed when the person who served the divorce application by hand did not know your spouse or could not identify them, but your spouse signed the Acknowledgment of Service (Divorce).

When you need it

• Your sole Application for Divorce was served by hand by someone who did not know your spouse or could not confirm who they were.
• Your spouse signed the Acknowledgment of Service (Divorce) at the time of service.
• If your spouse returned the acknowledgment by post, the Affidavit of Service by Post (Divorce) already covers the signature.

1. 1

   Court and file details

   Tick the court division and add the client ID and file number.

2. 2

   Part A - the applicant

   Your family name and given names.

3. 3

   Part B - who signed the acknowledgment

   The family name and given names of the person who signed the attached Acknowledgment of Service (Divorce).

4. 4

   Part C - swear or affirm

   Sign only in front of a lawyer, Justice of the Peace (with JP number) or other authorised witness, and show them the signed acknowledgment. You swear that the facts are true, the acknowledgment is attached, and you recognise the signature as your spouse's.

5. 5

   Annexure note

   The court's service page says the same witness signs the annexure note on the Acknowledgment of Service (Divorce).

• Attach a copy of the signed Acknowledgment of Service (Divorce).
• File it together with the Affidavit of Service by Hand (Divorce), as the court's page directs.
• eFile the service documents on the Commonwealth Courts Portal under your Application for Divorce; if you cannot, post them to the registry where the divorce will be heard.
• Service itself must be at least 28 days before the hearing (42 days if your spouse is overseas), according to the court's divorce service page.

• Do not make this affidavit if you do not genuinely recognise the signature. The court would then need other evidence of identity.
• File all the service documents together so the court can see the full chain: affidavit of service, acknowledgment and this affidavit.