You can still
proceed with your Divorce application but you need to obtain an Order from the
Court for “substituted service or dispensation of service”.
An Order for
substituted service permits you to serve the Divorce documents on a third
person who the Court is satisfied will bring the divorce documents to the
attention of your spouse.
An Order for
dispensation of service gives your permission not to serve the Court documents
on your spouse if the Court is satisfied that you have taken all reasonable
steps to locate your spouse.
An affidavit
is required by you setting out the steps you have taken to locate your spouse.
For further
assistance in preparing the affidavit, please contact the Family Law Team at Nevett
Ford Lawyers on 03 9614 7111.
