Being involved in Family Law matters can often be a challenging and confusing time. Here at Noble, we specialise in the service of Family Law Documents and we are more than happy to assist you with any enquiry that you may have in relation to document service.
We have compiled the below information to give you a starting point with respect to family law matters. We are unable to offer any legal advice in regards to your specific matter, but we can discuss any area in which we are licensed.
Please consider seeking independent legal advice or family relationship advice where appropriate.
Further information including contact details for enquiries can be found at The Family Law Courts website.
Children’s Matters
There is a link at the end of this page, directly to the relevant Family Law Court section should you have a child related matter. For all applications, we offer Australia wide service of any document. The steps involved for service of the documents are:
Refer to the information and advice contained at The Family Law Courts website regarding Children’s Matters
Consider seeking independent legal advice
Complete relevant application and all required documents
File Application with the Courts
Contact us, or inform your legal representative to contact us, for a quote for service
Send all paperwork through to Noble Commercial Specialists
This includes a sealed Copy of the Application (the application with the Court stamp on it) plus any other documentation that you have filed with the court.
Provide us with details regarding the service. These include address for service, the best times to find the person to be served at the address provided, their usual hours of work, a recent photo if possible and information on if they will be receptive to receiving the documents. We also require the address where you would like the documents and affidavit returned.
You will be issued with a client log on and password to our portal so that you can view any updates on the service of your documents.
Once served, we will advise you and return copies of the documents along with our Affidavit of Service, which you then return to the Court for your hearing.
Financial Matters
As with Children’s Matters, previous listed, the same process for document service applies to Family Court Financial Matters. There is a link at the end of this page, directly to the relevant Family Law Court section should you have a financial related matter. For all applications, we offer Australia wide service of any document. The steps involved for service of the documents are:
Refer to the information and advice contained at The Family Law Courts website regarding Financial Matters
Consider seeking independent legal advice
Complete relevant application and all required documents
File Application with the Courts
Contact us, or inform your legal representative to contact us, for a quote for service
Send all paperwork through to Noble Commercial Specialists
This includes a sealed Copy of the Application (the application with the Court stamp on it) plus any other documentation that you have filed with the court.
Provide us with details regarding the service. These include address for service, the best times to find the person to be served at the address provided, their usual hours of work, a recent photo if possible and information on if they will be receptive to receiving the documents. We also require the address where you would like the documents and affidavit returned.
You will be issued with a client log on and password to our portal so that you can view any updates on the service of your documents.
Once served, we will advise you and return copies of the documents along with our Affidavit of Service, which you then return to the Court for your hearing.
Divorce
Applications for divorce are able to be made on line at the Family Law Courts web page. The relevant links for application are provided at the bottom of this page. We have also placed a link for the Court’s “User Guide to eFiling Divorce Applications in Family Law”
In order to apply for a divorce you must have been separated from your spouse for a minimum of 12 months. There are other requirements as well. Please refer to the link below titled “Divorce” Fees do apply for an online divorce. There is a link to the Family Law Court ‘Fee Brochure’ below.
If you want to apply for a divorce you need to complete an “Application for Divorce” and file it with the Court. In some cases there may be reduced fees for this. The link for “Application for Divorce Kit” is at the bottom of this page.
You can complete the form yourself or engage the services of a legal representative. The Application for Divorce Kit details the instructions on filling out the forms and filing the documents.
If you and your spouse apply for a divorce jointly, there is no requirement to serve the other party.
If you are applying for the divorce on your own, you are considered the Applicant and your spouse is the Respondent. In this case, your spouse needs to be handed a copy of the filed documents. We need to serve the documents on your spouse 28 days prior to the Court Hearing if they reside in Australia.
The steps involved for service of the documents are:
Refer to the information and advice contained at The Family Law Courts website regarding Divorce
Consider seeking independent legal advice
Complete Application for Divorce including your affidavit
File Application for Divorce with the Courts
Contact us, or inform your legal representative to contact us, for a quote for service
Send all paperwork through to Noble Commercial Specialists
This includes a sealed Copy of the Application for Divorce (the application with the Court stamp on it) plus any other documentation that you have filed with the court.
Provide us with details regarding the service. These include address for service, the best times to find your spouse at home, their usual hours of work, a recent photo if possible and information on if they will be receptive to receiving the documents. We also require the address where you would like the documents and affidavit returned.
We will organise a copy of the Marriage Families and Separation Brochure to be served on your spouse.
We will provide the Acknowledgement of Service for your spouse to sign
You will be issued with a client log on and password to our portal so that you can view any updates on the service of your documents.
Once served, we will advise you and return copies of the documents along with our Affidavit of Service, which you then return to the Court for your hearing.
If there are problems with serving a document and all reasonable steps to serve the document have failed you are able to apply to the Court for a Substituted Service or a Dispensation of Service. Further information regarding this can be found below under the heading “Trouble Serving Divorce Application”
If you have not yet applied for maintenance or for a division of property prior to the divorce and you wish to do so, a separate application must be filed within 12 months of the divorce becoming final. If outside this time frame, you will require permission from the Court to apply. There are court links on this page for “Children’s Matters” and “Property and Financial Matters”
“At Noble, we are committed to assisting individuals and the community with information pertaining to the service of Family Law documents. If you found this information easy to follow, useful and you have a site where people would benefit from the sharing of this information, we are more than happy for you to provide a link to this page. Not for the purpose of generating more business for ourselves, truth is, our main volume of income comes from those with repeat instructions, like businesses and agencies, but for the purpose of helping an individual, by simplifying what seems to be a complex process. Our qualified staff are more than willing to discuss the regulations pertaining to the service aspect of these documents, regardless of our process services being utilised”
Natasha Weekes Operations Manager
Links
Clicking on any of the below links will open a page from www.familylawcourts.gov.au