Do you need to advise your spouse of a divorce application? What happens if you do not know where your spouse is?

16/07/2014

The Court also has strict requirements for proving a Divorce Application has been served on your husband or wife.

Service of the Divorce Application must be proved and an Affidavit of Service must be filed with the Court. Service can be personal or postal. An Application for an Order for Substituted Service can be made and obtained if someone cannot be located. To obtain an order for substituted service one needs to prove that one cannot locate the other party or if one can locate the other party,why one cannot serve the other party. Also one must establish by evidence that once service has been effected in the substituted manner, the other party will effectively become aware of the process. Our solicitors have extensive experience in service of overseas applications and applications for substituted service.