Application for Alternative Service of Divorce Application

Author: Tina Ripley. Associate Solicitor.

Tina is an Associate  family law Solicitor and offers a free initial interview to give general advice and guidance and to discuss the options available to you.

What contact details must be included in a Divorce Application?

In a Divorce Application the Applicant (i.e. the person bringing the proceedings) must include in the Application an email address (if this is known) and a postal address at which the Respondent (i.e. the person responding to the proceedings) can be served.

Application for Alternative Service

If the Applicant does not have a postal address they need to take reasonable steps to try to ascertain that. If the Applicant still cannot ascertain a postal address then they can make an Application to the Court for Alternative Service asking for permission to serve the Divorce Application via the Respondent’s email address or some other place/method. The Application should if possible attach evidence that the Respondent uses the email address.

The Court can authorise service of the Divorce Application at an alternative place or by an alternative method where there is a ‘good reason’ to do so. The Application for Alternative Service must be supported by evidence stating:

• The reason for seeking the Order;
• The alternative method or place proposed; and
• Why the Applicant believes that the document is likely to reach the person to be served by the method or at the place proposed.

Order for Alternative Service

If the Court gives a direction regarding service by alternative method or at an alternative place the direction must specify:

• The method or place of service;
• The date on which the Divorce Application is deemed served; and
• The period for filing a Divorce Response (Acknowledgement of Service).

The Application for Alternative Service is made without notice and therefore the Respondent will not be given notice of the Application.

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Please note the above is for information purposes only and is intended to be a short summary.  It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.