Divorce With Children in Tasmania: What the Court Requires

Filing for divorce in Tasmania when you have children under 18 adds one significant requirement: the court must be satisfied that "proper arrangements" exist for the children before it grants the divorce order. This obligation comes from Section 55A of the Family Law Act 1975.

It does not mean the court decides custody or parenting schedules as part of the divorce — those are entirely separate proceedings. But it does mean your application needs specific information about your children's care arrangements, and the registrar will scrutinise it.

What Section 55A Actually Requires

Section 55A directs the court to consider the arrangements in place for the care, welfare, and development of any children of the marriage under 18. The court needs to be satisfied that these arrangements are "proper" — meaning reasonable and adequate, not perfect.

In Part E of your divorce application on the Commonwealth Courts Portal, you must provide:

• Where each child lives and how much time they spend with each parent
• The children's schooling arrangements
• Healthcare and medical coverage
• Financial support arrangements (who pays what)
• Any existing parenting orders or agreements

The court is not looking for formal court orders or a detailed parenting plan. A clear description of the current arrangements — "the children live with me during the week and spend alternate weekends with their father" — is sufficient, provided it demonstrates that the children's basic needs are being met.

Do You Have to Attend Court?

Before the 2024 Family Law amendments (effective 10 June 2025), a sole applicant with children under 18 was generally required to attend the hearing — physically or via video link. This historic rule caused significant stress for parents, especially those in rural Tasmania who had to travel to the Hobart or Launceston registries.

The 2024 amendments changed this. Court attendance is now generally not required, even for sole applications with children, provided:

• The paperwork is complete and the children's arrangements are clearly documented
• No safety concerns or family violence issues are flagged
• Neither party has formally requested a hearing

The registrar reviews the application in chambers. If they identify inconsistencies or have concerns about a child's welfare, they retain the discretion to order attendance.

For joint applications, attendance was never required, regardless of children.

What the Divorce Does Not Cover

A divorce application only ends the legal marriage. It does not determine:

• Where the children live or how they split time between parents
• Child support amounts (handled by Services Australia)
• Schooling, healthcare, or other major long-term decisions

If parents cannot agree on these arrangements, they must first attempt Family Dispute Resolution (FDR) — a mandatory mediation step before anyone can apply to the court for parenting orders. If mediation fails or is inappropriate due to family violence, a family lawyer can file an Initiating Application in the FCFCOA for court-determined arrangements.

The important point: these parenting processes run independently of the divorce application. You do not need to resolve parenting disputes before filing for divorce. The court only needs to see that current arrangements are in place — not that all future arrangements are finalised.

The 12-Month Property Countdown Still Applies

Once the divorce order becomes final (one month and one day after the conditional order), the strict 12-month statutory limitation period begins for property and financial settlements. This deadline runs regardless of whether children are involved. If you have shared assets, superannuation, or financial obligations to negotiate, start those conversations before the divorce is finalised — do not wait for the countdown to begin.

The Tasmania Divorce Filing Process Guide walks through the children's arrangements section of the portal application and includes a worksheet for documenting your current care, education, health, and financial support arrangements in the format the court expects.

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