NSW Serving notice to overseas partner

[Tarunbhatt9784]

Hi, i am about to file a divorce application. No kids or Property involved. My partner is in India (as per my last knowledge but i m not sure).

I read that i can by pass the serving notice if i m able to order that my partner is not reachable and i have taken all the required steps to serve notice

When i went through the family court website, it's mentioned that such cases are complicated and should be filled with the help of a lawyer, however the lawyers fees are very expensive and due to my financial commitments back home in India, i am unable to afford it.

Can anyone suggest if this case is simple enough to be handled on my own and without a lawyer and what are the best steps suggested

Any help would be appreciated. Thanks in advance

Regards Tarun

 

[Matthew Lynch]

Hi

You will need to file an affidavit accompanying your application setting out your attempts to serve your spouse.

You will want to cover off on the aspects that courts typically want to know about before they make an ex-parte order (an order where the other party is absent from proceedings). These include concepts such as natural justice, and making the court aware of the likely case of the respondent.

It is something you probably should use a lawyer for.

The filing fee for a divorce charged by the government is $865 dollars, you probably don't want that money to go down the drain if your application is dismissed.

 

[Tarunbhatt9784]

Thanks for your response Matthew. Taking consultation from a lawyer is definitely a better idea but it's very important for me to make an informed choice about the lawyer, hence can you please suggest me some links where i can read more about the things to be present in this affadavit and where can i find more information on concepts mentioned in your response.

Thanks in advance, your response is helpful for me moving forward

Regards Tarun