First, a note on personal service under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 – Rule 2.45. You are not permitted to effect service on your ex partner personally.

(c) the person serving a document must not be the party on whose behalf the document is served, but the party may be present when personal service occurs.

Before we delve into the complexity of an ex partner who will not sign, if they have a lawyer representing them you can serve the lawyer which can solve everything and get them to sign an Acknowledgement of Service, if they do not, then the process below applies:

Acknowledgement of Service

The Family Law Court at Rule 2.44 expressly requires an Acknowledgement of Service to be signed by the ex-partner, and then filed into Court. Where the ex-partner is happy to sign an Acknowledgement of Service but won’t sign the Divorce papers, you can proceed with an Acknowledgement of Service.

When your ex won’t sign anything

Where the ex-partner will not sign either the Acknowledgement of Service or the Divorce papers (it may be assumed if their signature is secured on Divorce papers then clearly they were served), then it gets a little more protracted.  The Court needs to know the ex-partner did get the Divorce papers and did understand what they were.

Application in a Proceeding

Where you cannot get the ex-partner to sign an Acknowledgement of Service or Divorce papers, you must apply to the Court what is termed an “Application in a Proceeding”. This Application empowers you to effect service of the Divorce on your ex-partner by email or social media, or even dispense with service altogether.  Assuming you obtain an Order that you can serve your ex-partner by email or social media, you should be able to proceed with your Divorce just based on an affidavit, detailing how and when your ex was served and confirming the identity.  A hearing of the application for the Divorce will then take place by phone, though a Registrar may direct that in the particular circumstances attendance is not required. Attendance is generally required if there are children of the relationship under the age of eighteen.

Timing matters

Divorces are scheduled for not less than 42 days after an application is filed, not when served. Service on the ex-partner must take place not less then seven (7) days before a date fixed for hearing. So do not delay in the serving of the ex-partner, or applying for an Application In A Proceeding if you cannot serve the ex partner, or you may have to wait another 42 days.

How we can help

When one party refuses to engage, it can feel frustrating and overwhelming but it does not stop the divorce process.

The Court provides clear pathways to ensure that:

• a divorce can still proceed; and
• one party cannot indefinitely delay the outcome by refusing to sign documents.

That said, these situations can quickly become technical, particularly when affidavits, substituted service, or Court applications are involved. Getting it right the first time can save both time and cost.

At RMO Law, we regularly assist clients with:

• Divorce applications
• Difficult or uncooperative former partners
• Applications in a Proceeding
• Substituted service and affidavit preparation

We guide you through the process clearly and efficiently so you can move forward with confidence.

📞 1800 957 936
🌐 rmolaw.com.au
📧 mail@rmolaw.com.au

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

Article Authorised by Tim Ryan