How to file for divorce in Tasmania
Divorce applications in Tasmania are filed with the Federal Circuit and Family Court of Australia (FCFCOA) online through the Commonwealth Courts Portal — the same national court used in every state and territory. You must have been separated for 12 months, complete the Form 1, pay the fee, and (for a sole application) serve the other party. The divorce normally takes effect 4-6 months after filing.
The framework
Divorce is governed by Part VI of the Family Law Act 1975 (Cth). Section 48 requires 12 months of separation before filing. The FCFCOA has jurisdiction under the Federal Circuit and Family Court of Australia Act 2021 (Cth).
The process
Confirm 12 months of separation
Confirm at least 12 months and one day of separation before filing. Separation under one roof is possible with supporting affidavit evidence from you and an independent witness.
Decide on a sole or joint application
Joint applications do not require service and are typically simpler. Sole applications are made by one party and require service on the other.
Register on the Commonwealth Courts Portal
Create a portal account and link to your matter. Divorce filings in Tasmania are done electronically.
Complete the Form 1 Application for Divorce
Provide marriage details, separation date, and particulars of any children under 18 of the marriage and arrangements for them.
Upload the certified marriage certificate
Attach a certified copy of the marriage certificate. If it is not in English, attach an English translation and translator's affidavit.
Pay the filing fee
Pay the FCFCOA standard divorce filing fee online. A reduced fee is available for concession cardholders and financial hardship.
Lodge the application
Submit the Form 1 and attachments through the portal. You will receive a sealed copy and a hearing date.
Serve a sole application
Serve the sealed documents on the respondent at least 28 days before the hearing (42 days if overseas). Provide the respondent with an Acknowledgement of Service and file an Affidavit of Service.
Attend the hearing if required
Attendance is required where there are children under 18 of the marriage in a sole application. Hearings can be by phone or video.
Receive the divorce order and certificate
The divorce takes effect one month and one day after the hearing. Download the divorce certificate from the portal and retain it for future purposes such as remarriage, visa, or probate.
Forms and templates
- Application for Divorce (Form 1)
- Affidavit of Service
- Affidavit — Separation Under One Roof (if applicable)
Common mistakes
- Filing before 12 months and one day of separation
- Omitting a certified marriage certificate or translation
- Not describing children's arrangements clearly
- Serving a sole application incorrectly or late
- Not attending the hearing when children under 18 are involved
Get this process right with Quillio
Quillio can draft the Form 1, the separation-under-one-roof affidavits, and the Affidavit of Service for Tasmanian applicants, tailored to the Family Law Act 1975 (Cth). See /practice-areas/family-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The FCFCOA may change forms, rules, and fees. Divorce does not resolve property or parenting disputes — seek legal advice for those matters separately.
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