Who serves divorce papers in NZ?

In New Zealand, if you apply for a divorce on your own (a One-Party Application), you cannot serve the documents yourself.

The Family Court requires that the application documents are personally served on your ex-partner by a third party.

The Role of the 'Server'

The person who delivers the documents is known as the 'server.' They must be an independent adult, meaning:

• Someone over the age of 18.
• Someone who is NOT a party to the proceedings (you cannot do it yourself).

For this reason, most people choose one of the following options:

1. A Professional Process Server: This is the most common and recommended choice. These professionals are experienced in delivering legal documents, ensuring court rules are strictly followed, and can handle difficult or sensitive situations with discretion. They also complete the necessary legal forms (Affidavit of Service) required by the court.
2. A Bailiff: The Ministry of Justice Family Court can sometimes arrange for a Bailiff to serve the documents. This is a secure option, as the Bailiff works for the court.
3. A Friend or Family Member: While possible, it is generally discouraged, as it can place an awkward or emotionally challenging task on a loved one. If you use a friend, they must be reliable, over 18, and must follow the correct personal service rules, including swearing a formal affidavit to confirm service.

The Law Behind Service

The requirement for service comes from New Zealand’s primary legislation governing the ending of a marriage or civil union.

The process of formally ending a marriage is governed by the Family Proceedings Act 1980. The specific rules for how documents must be given to the other party (service) are set out in the Family Court Rules 2002.

Key Legal Requirements

• Personal Service: For a One-Party Application for Dissolution, the documents must typically be served personally. This means the documents must be handed directly to the respondent (your ex-partner) or, if they refuse to take them, placed in their immediate presence so they are clearly aware of them.
• Proof of Service: The person who serves the documents must complete an Affidavit of Service (Form G8, or similar). This is a sworn statement confirming the date, time, and method of service. This affidavit is crucial for the court to be satisfied that the documents were legally delivered.
• Identification: In addition to the Affidavit of Service, the applicant must also swear an Affidavit of Identification, confirming that the person who was served was, in fact, their ex-partner.

What if my Ex-Partner Cannot be Found or is Avoiding Service?

If all reasonable efforts have been made to serve the papers personally, the Family Court has options for alternative methods of service.

You or your lawyer may apply to the court for an order for Substituted Service. This allows the documents to be served in another way, such as:

• Serving an adult at their last known address.
• Serving their lawyer.
• In rare circumstances, via electronic means like email or social media (though this requires a specific court order).

In limited and exceptional circumstances, the court may even make an order dispensing with service altogether if it is satisfied that the person is aware of the application or is actively avoiding it, and that it is appropriate to proceed without formal service.

Essential External Resources

If you are going through a dissolution, consulting these official and community resources is highly recommended:

Disclaimer: This blog post provides general information and is not a substitute for legal advice. If you are applying for a Dissolution of Marriage, you should consult with a qualified family lawyer or seek assistance from a Community Law Centre