• Barry Phillips

Getting Divorced? How to get your ex partner served.

Women removing her wedding ring. Photo by cottonbro from Pexels

Divorce is never easy and often quite complicated, but in order for you to move on with life, you may need to go through this process. Engaging the right Process Server will enable you to get this part of the process done efficiently and give you some peace of mind without the added stress.

Arranging to have your ex partner served can range from being very easy if they are on the same page as you, to extremely difficult in an acrimonious separation. While you can get a friend to serve the documents, the services of a professional Process Server is often the better way to go, as a Process Server is an emotionally detached third party doing their job with a lot of "people experience". Generally a Process Server who has been in the industry for a while, will have a general sense of how to approach certain jobs, dependent on who they are attempting to serve and if that person or persons are likely to avoid service. A good Process Server will ask you a range of questions before they accept the job, which will give them key information on the most efficient way to get the documents served. Often a recent photograph of the Respondent is helpful to supply with your documents, as it may allow the Process Server to serve the documents on your ex-partner, even if they deny who they are!

What documents need to be served? If you have applied through the court the documents may vary, dependent on your own situation, but generally they are:

* Application for Divorce

* Marriage, Families and Separation Brochure

* Other supporting documents such as a copy of the marriage certificate or affidavits

Do you have sealed hard copies back from the court? Generally a Process Server will need two sets of the documents to be served. One to be served and one retained for Affidavit of Service preparation. You can photo copy a set before posting to the Process Server.

Have you made your Application using the online portal? Once your application has been processed you should have access to the following documents with a court seal (stamp) on each page.

* Notice of Application for Divorce

* Sealed copy of Application for Divorce

* Marriage, Families and Separation Brochure.

* Sealed copy of Affidavit for eFiling Application (Divorce)

* Other supporting documents such as a copy of the marriage certificate or affidavits

included in your application.

Generally, a further document is prepared by the Process Server called an "Acknowledgement of Service (Divorce)". This document lists the documents that the Respondent is served with and, at the time of service, the Process Server will ask the Respondent to sign the document. Take note, that the Respondent does not have to sign this document, but if they do, it is referred to in the "Affidavit of Service By Hand (Divorce)" of the Process Server as a further means of identifying the Respondent served. If your ex-partner does sign the "Acknowledgement of Service (Divorce)", you as the Applicant in the matter will then need to complete an "Affidavit Proving Signature (Divorce)" and have it witnessed by a JP or Solicitor. This is a way for you to say to the court that you recognize the signature on the Acknowledgement of Service as being that of the Respondent (your ex partner).

So once the documents are served you should receive back from the Process Server the following:

* Affidavit of Service By Hand (Divorce)

* Acknowledgement of Service ( Divorce) - Only if this was signed by the Respondent

What's left for you to do? If The Respondent signed the "Acknowledgement of Service (Divorce)" then fill in the "Affidavit Proving Signature (Divorce)", have witnessed and then lodge all three documents physically at the court or upload via the portal. Here is a useful link detailing the online divorce application process.

Can't find your partner? Let us locate them and have them served in the most efficient, empathetic and professional way. We use various paid and unpaid databases among other techniques, to locate people who have either just moved or who may be actively attempting to avoid location.

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