Divorce Process in Australia – Tasmania
In Tasmania if you are filing an application for divorce by yourself, it’s important that your spouse is aware and knows the contents of the application. Service of the divorce application must be done in earnest and the application can be served by personal delivery by another person or through post.
The use of the service by post should be done when there is a likelihood of your spouse signing the acknowledgement of service. It is essential to send more than one copy of the application form because if the application form is not returned in time, the finalizing of the application might be delayed. If your spouse is represented by a solicitor and has been given the right to accept the application form, he can sign the acknowledgement of service. The solicitor will also file an acknowledgement of service. If your spouse lives outside Australia, there are certain requirements for service of the application.
The application form and Marriage, Family and Separation brochure must be served;
- 28 days before the date of hearing, in cases where the spouse is in Australia; or
- 42 days before the date of hearing; in cases where the spouse is overseas.
The application may still be open after failure to serve the application before the hearing date, if your spouse signifies consent by writing or representation in court by a solicitor who indicates their clients consent. You could ask the court to help you send the application if you do not know your spouse’s address. The serving of documents by personal delivery by another person is done because you can’t deliver the application to your spouse personally. A friend or member of the family can serve an application of divorce on your behalf and such person must be over the age of 18 years. You could also employ the services of a bailiff who could serve the documents for a fee.
Whoever served the documents should complete the affidavit of service and attach the acknowledgement of service to the affidavit. The server would then swear before a Justice of the Peace to affirm the affidavit. However you and your spouse can both file for a divorce application (joint application). There’s no need to appear in court if you and your spouse file a joint application of divorce or if you file a sole application of divorce and there are no children under 18 years.