Binding Financial Agreement for Married
This information is not legal information provided by Precedents Online or it’s Authors. It is for General Information only and to be used accordingly.
Am I required to serve the Application for Divorce on the other party?
Service is a requirement to allow the other party to be notified of the pending application for divorce involving them. You can refer to Family Law Rules 2004 r7.09 for information on service of a person with a disability and r7.10 for information in relation to service of a person in prison.
If you have made a joint application, you do not need to serve your spouse with any documents.
If you filed a sole application you are required to serve the application. You will need to arrange for certain documents to be served on your spouse either by post or by hand, see How can you serve documents below.
What if I am unable to locate my spouse?
The divorce application asks for your spouse’s address for service. If you are unable to locate your spouse, even after you have taken all reasonable steps to locate him/her, you can apply for an order to dispense with service or for substituted service.
Before you proceed read Are you having trouble serving your divorce application.
For more information see Cannot serve the divorce documents below.
Are there time limits for service of the Application for Divorce?
If your spouse is in Australia, the documents must be served at least 28 days before the court hearing.
If your spouse is overseas, the documents must be served at least 42 days before the court hearing.
Are there any fees?
There are no fees involved in filing of service documents.
How to apply for a divorce: serving divorce papers
View You Tube video about How to apply for a divorce: serving divorce papers.
How can you serve documents?
You can serve divorce documents on your spouse by post or by hand. If you cannot serve the documents you must apply to the court for a service order.
To obtain a copy of the sealed application and Affidavit of eFiling print the documents:
Agreement for Couples Already Married
Married s 90C
A Binding Financial Agreement – Married is an agreement for already married couples, this agreement is made during the relationship/marriage.
Table of contents –
- Separate property.
- Joint property.
- During the marriage.
- Division of property.
- Independent legal advice.
- Provision out of the estate of a deceased party.
- Governing law and jurisdiction.
- Further assurance
Statement under section 90G of the Family Law Act 1975.
Separation declaration pursuant to section 90DA Family Law Act 1975.