NSW Serving divorce papers overseas _ to Canada but not via Hague Central Authority

[Dan2024]

Hi, I have to serve sole divorce application documents overseas. I am Australian and the spouse is Canadian. She just lived in Australia for a short time and left more than four years ago.

Can I complete the service by hand via a process server (they are called Huissier de Justice or Justice Officers in Quebec)?

And in case she evades service, to request for substituted service to serve by email or social media account?

Would these be acceptable and feasible ways for family court in Australia (NSW)?

I’ve read some materials on service abroad and something called Hague convention through governments’ central authorities which is apparently a very long process and may take forever! I don’t really want to waste more years of my life waiting for it if that’s not the only choice.

Greatly appreciating any thoughts, guidance or experience about this.

 

[Noel Harris]

The Hague Convention route can take many months and is not your only option. Personal service through a Canadian process server or Huissier de Justice in Quebec is generally acceptable provided you can prove it via a sworn affidavit of service filed with the Australian court. If she evades service, Australian courts regularly grant substituted service by email or social media once you have shown genuine attempts. Try personal service first, document it carefully, then apply for substituted service if needed. A family law specialist can help you navigate the process efficiently.

---

Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.