How to File for Divorce in Tasmania

Filing for divorce in Tasmania means navigating a federal system — there is no state-level family court here. Every divorce application goes through the Federal Circuit and Family Court of Australia (FCFCOA), filed electronically via the Commonwealth Courts Portal. The process is straightforward if you understand the sequence, but a single procedural error can mean a rejected application and a lost filing fee.

Here is exactly how the process works, step by step.

Check Your Eligibility First

Before you touch the portal, confirm you meet the legal requirements. Under the Family Law Act 1975, you need three things:

12 months of separation. You and your spouse must have lived separately and apart for at least 12 months and one day before you can file. This separation can happen under the same roof if you can demonstrate separate finances, sleeping arrangements, and social lives — but you will need a supporting affidavit and a third-party witness statement.

Jurisdictional connection. At least one of you must be an Australian citizen, regard Australia as your permanent home, or have lived in Australia continuously for the 12 months before filing. Non-citizens need to upload passport and visa documentation proving their arrival date.

A marriage certificate. You need an official copy — not the decorative one from the ceremony. If yours is missing, order a replacement from the Tasmanian Registry of Births, Deaths and Marriages for A$68.31. Overseas certificates not in English must be NAATI-translated and accompanied by a translation affidavit.

Complete the Application on the Commonwealth Courts Portal

Register for an individual account on the Commonwealth Courts Portal at comcourts.gov.au. Select "Start a new file," accept the eFiling obligations, and choose "Application for Divorce."

The application has six parts:

• Parts A & B — Names, addresses, dates of birth, and occupations of both parties
• Part C — Marriage details exactly as they appear on the certificate
• Part D — Separation details, including the exact date and whether you separated under one roof
• Part E — Jurisdictional connection to Australia and (if children under 18 exist) their day-to-day care arrangements
• Part F — Orders sought and your preferred registry: Hobart or Launceston

When you are satisfied, select "Lock and continue." This generates a PDF of your application and the mandatory Affidavit for eFiling. Once locked, you cannot edit the application online.

Get Your Affidavit Witnessed

Print the generated affidavit and sign it in front of an authorized witness. In Tasmania, this means a Justice of the Peace (who must record their JP ID number) or a Commissioner for Declarations. Eligible Commissioners include registered health practitioners, legal practitioners, police officers, full-time teachers, and permanent public servants with five or more years of service.

In a joint application, both parties sign — but you can do so at different times and before different witnesses. Once signed, scan the affidavit as a PDF and upload it back to the portal.

Pay the Filing Fee and Select a Hearing Date

Read the compulsory court brochure Marriage, Families and Separation and check the confirmation box. Then pay the filing fee by Visa or Mastercard.

The standard filing fee is A$1,170. A reduced fee of A$390 applies if you hold a government concession card (Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card), are receiving Legal Aid, are under 18, or are incarcerated. For joint applications, both parties must independently qualify for the reduction. You can also apply for a hardship reduction if you do not hold a concession card but paying the full fee would cause severe financial difficulty.

After payment, the system generates your court file number and lets you select an available hearing date.

What Happens Next

For sole applications, you must formally serve the papers on your spouse at least 28 days before the hearing (42 days if they are overseas). For joint applications, no service is required.

Under the 2024 amendments (effective 10 June 2025), court attendance is no longer required for most applications — including sole applications with children — as long as the paperwork is complete and no safety concerns are flagged. The registrar reviews the application in chambers, and if everything checks out, a conditional divorce order is made. This becomes final exactly one month and one day later, at which point you can download the sealed Divorce Order from the portal.

The entire process typically takes four to six months from filing to final order.

The Key Mistake to Avoid

The non-refundable filing fee means you cannot afford to get the application wrong. The most common errors: uploading an unwitnessed affidavit, failing to provide proof of a concession card for fee reductions, and leaving separation-under-one-roof evidence incomplete.

A structured filing checklist helps you verify every element before you click submit. The Tasmania Divorce Filing Process Guide walks through each portal step with document assembly checklists and affidavit frameworks designed specifically for Tasmanian filers.

See more Tasmania guides →