We note that although this case study is based on a real matter all identifying details have been changed.
The details of this Case Study:
John Smith and Jane Smith were married for a few years prior to separating. Jane Smith was born in Indonesia, and she went by various names when communicating with people from her home country. After separation, Jane moved out and told John she was returning to Indonesia. She gave him a new email address at the time, and they had no contact after that date.
A few years later, John decided he wanted to be able to move on with his life and get a divorce to legally end his marriage. John gave us the above information. He was not aware of a phone number for Jane and never had any contact with Jane’s family or friends so could not recall their names.
As Jane had left the country without providing a new address or saying where she would be employed, there was no physical address known for Jane. This left us with the email address she had given and the possibility of social media. We found multiple social media profiles for Jane under Jane’s various known names and attempted contact. We also reached out to her by email. We did not receive any response to our contact attempts.
We attempted to locate Jane’s parents on social media using the names listed on John and Jane’s marriage certificate without any success.
We contacted a few companies in Indonesia about a skip trace to locate Jane but the cost to do so was consistently very high.
We ultimately prepared an Application in a Proceeding with detailed affidavits explaining the circumstances and all the attempts we had made to locate and serve Jane. We asked the Court to give us an Order to serve Jane in another way. The Court ultimately granted this request at hearing, and we were able to then effect service by emailing the documents to Jane without any requirement for Jane to respond to our email.
The matter was heard again and granted after we provided evidence that we had complied with the Court’s orders.
One final thought:
This case study is just one example of how serving an application can sometimes involve unexpected complexities. Our experienced team has handled numerous cases where traditional methods of service, such as service by personal service or service by post, were not feasible or effective. We understand that each matter is unique, and certain circumstances may require alternative approaches to ensure proper service and compliance within legal requirements.
Other examples of complex service situations can include substituted service by text message, by email and even by social media. Each situation requires careful consideration and a tailored approach to give you the best chance of having your divorce granted by the Court.
If you’re dealing with a particularly complex situation, or if you’re unsure whether your Application will be accepted or granted by the Court, we encourage you to reach out. Our team is here to provide guidance, assess your specific needs, and help you navigate the process with confidence. Contact us here today to discuss how we can assist.
Visit our blog “How to Serve Divorce Papers Australia” here for more information on service.
