Steps to Serve Divorce Papers Internationally Under the Hague Service Convention:

1. Determine if the Hague Service Convention Applies:
   • Verify that the country where the spouse resides is a signatory to the Hague Service Convention.
2. Submit Documents to the Central Authority:
   • Each country that is a party to the Convention has a designated Central Authority responsible for receiving requests for service from other countries.
   • You must submit the divorce application and other necessary documents (often translated into the official language of the receiving country) to this Central Authority.
3. Service by the Central Authority:
   • The Central Authority in the foreign country will arrange for the service of the documents according to their local laws.
   • Once service is completed, the Central Authority will issue a certificate of service confirming that the documents have been served according to the Hague Convention’s procedures.
4. Return of Proof of Service:

   • The certificate of service will be returned to you and must be filed with the Ontario court as proof that the divorce application has been properly served.

      Considerations:

• Time:  Service under the Hague Service Convention can take several months, depending on the country involved.
• Costs: There may be additional costs for translation services and fees charged by the Central Authority.
• Alternatives:  If the Hague Service Convention does not apply or if service through the Central Authority is not feasible, alternative methods of service may be available, such as service by diplomatic or consular agents or other methods agreed upon by both countries.

If the spouse is in a country not party to the Hague Service Convention, you may need to follow other international service procedures, which can be more complex and time-consuming. It’s often advisable to seek legal assistance when dealing with international service of legal documents.

When serving a simple divorce application in Ontario, the process depends on whether the respondent (the other spouse) is located within Canada or outside of Canada. Here’s a breakdown of the steps for both scenarios:

Service Within Canada:

1. Prepare the Documents:
   • You will need the completed divorce application (Form 8A) and any other necessary documents.
   • Choose a Method of Service:
     • Personal Service:  The application must be personally served to the respondent by someone other than the applicant. This can be a friend, family member, or a professional process server. The person serving the documents will need to fill out an Affidavit of Service (Form 6B) to confirm that the documents were served.
     • Mail or Courier:  In some cases, the documents can be sent by mail or courier. However, personal service is usually preferred for a divorce application to ensure the respondent receives the documents.
   • Affidavit of Service:
     • After the documents have been served, the person who served them must complete an Affidavit of Service (Form 6B), which details when, where, and how the documents were served. This affidavit is then filed with the court to prove that the respondent has been properly served.
   • Wait for the Respondent’s Response:
     • The respondent has 30 days to file a response if they choose to contest the divorce. If they do not respond, you can proceed with the next steps to finalize the divorce.

Service Outside Canada:

1. Determine the Respondent’s Location:
   • If the respondent is outside of Canada, the method of service will depend on the country in which they are located.
   • Hague Service Convention:
     • If the respondent is in a country that is a signatory to the Hague Service Convention, you will need to follow the procedures outlined in the Convention for serving legal documents internationally. This typically involves sending the documents to the Central Authority in the foreign country, which will then arrange for service.
   • Alternative Methods:
     • If the Hague Service Convention does not apply, or if the respondent is in a non-signatory country, you may need to use other methods of service, such as:
       • Service by Mail or Courier:  If allowed by the foreign country.
       • Service through Diplomatic or Consular Channels:  This may involve the Canadian embassy or consulate in the foreign country.
       • Service by a Local Process Server:  In some countries, you can hire a process server to personally serve the documents.
   • Affidavit of Service:
     • Once the documents have been served, you must obtain proof of service, such as a certificate from the foreign country’s Central Authority (if applicable) or an Affidavit of Service from the person who served the documents.
2. File Proof of Service with the Court:
   • Submit the proof of service to the Ontario court to demonstrate that the respondent has been properly served. This step is crucial to proceed with the divorce.
3. Proceed with the Divorce:
   • If the respondent does not contest the divorce within the specified time frame, you can continue with the steps to obtain a Divorce Order.

Serving a divorce application, especially internationally, can be complex and may require legal assistance to ensure that the process complies with both Ontario law and any applicable international agreements.