My spouse is overseas — how does the divorce work?

You can apply for divorce in Australia if you meet the Australian-connection test, even though your spouse lives overseas. The application is the same; the difference is service — the documents must reach them by a method that's valid for that country, at least 42 days before the hearing (instead of 28). We handle it; any extra cost is quoted in writing and agreed before any work starts.
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How international service works

For most countries, service by international post or courier with a signed acknowledgment, or by a local process server or agent, is acceptable. Some countries (particularly Hague Service Convention countries with objections, and a few others) require service through official channels, which is slower. We check the country and choose the method.

If your spouse cooperates

The simplest path: they sign the Acknowledgment of Service and return it (or we arrange for a lawyer or notary there to witness). Fast and inexpensive.

If they don't

A local process server or agent effects service and provides an affidavit. If they can't be located overseas, substituted service or dispensation may be available. Can't find my spouse →

Timeline

Allow an extra few weeks compared with a local sole application, mainly for the 42-day period and postage. Your dashboard shows the target dates. Because hearings are listed in order of filing, starting service early matters more here than anywhere else.

or call 1800 976 214

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Frequently asked questions