What Happens After Filing for Divorce in Tasmania

You have submitted your application, paid the filing fee, and the Commonwealth Courts Portal has issued your file number. Now what? The post-filing process involves four distinct stages, and understanding each one prevents the anxiety of not knowing what comes next.

Stage 1: You Receive the Sealed Application

After payment, the portal generates a "sealed" copy of your Application for Divorce — stamped with your court file number and the scheduled hearing details. Download and save this document. For sole applications, this sealed copy is part of what you must serve on your spouse.

The hearing date is typically scheduled 8 to 16 weeks after filing. The Hobart and Launceston registries have fewer sitting days than larger mainland registries, so dates toward the longer end of this range are common.

Stage 2: Service of Process (Sole Applications Only)

If you filed a sole application, you must now serve the complete document package on your spouse. The deadline is strict: at least 28 days before the hearing if the respondent is in Australia, or 42 days if they are overseas.

The package includes the sealed application with the Notice of Application, the executed Affidavit for eFiling, any supporting affidavits, and the court brochure Marriage, Families and Separation.

Once service is complete, your server signs the required proof-of-service forms (Affidavit of Service and Acknowledgment of Service), and you upload everything to the portal before the hearing date.

Joint applicants skip this stage entirely.

Stage 3: The Hearing

Under the 2024 Family Law amendments (effective 10 June 2025), most divorce hearings in Tasmania are now decided "on the papers" — the registrar reviews the application in chambers without either party present. This applies to:

• All joint applications, regardless of whether there are children
• Most sole applications, provided the paperwork is complete, no safety concerns are flagged, and neither party has requested to attend

The registrar checks that the 12-month separation requirement is met, that any children under 18 have proper care arrangements in place, and that all documents are correctly executed. If something is incomplete or inconsistent, the registrar may adjourn the hearing and request additional information — which delays the process by weeks or months.

If attendance is required (because of child welfare concerns or a party's formal request), the hearing is typically conducted via Microsoft Teams video link. You can also attend in person at the Hobart or Launceston registry.

If the registrar is satisfied, they grant a conditional divorce order.

Stage 4: The Divorce Becomes Final

The conditional order does not end your marriage immediately. There is a mandatory waiting period of exactly one month and one day after the order is made. During this period:

• The marriage remains legally active
• Neither party can remarry
• The waiting period cannot be shortened or waived

Once the month and one day expires, the divorce order automatically becomes final. The court generates a digitally sealed Divorce Order, which you download from the Commonwealth Courts Portal. No physical certificate is mailed.

What to Do After the Divorce Is Final

Download and save your Divorce Order. You will need it for name changes, remarriage, and financial institutions.

Be aware of the 12-month property countdown. The moment the divorce order takes effect, a strict 12-month limitation period begins under Section 44(3) of the Family Law Act 1975. You have exactly 12 months to either file Consent Orders reflecting a mutual property agreement or file an Initiating Application seeking court-ordered property division. After 12 months, you need special leave from the court — which is rarely granted.

Name changes. If you want to revert to your maiden name, you can do so using your marriage certificate and the divorce order — no separate change-of-name application is needed for most institutions (banks, Medicare, ATO).

The Tasmania Divorce Filing Process Guide includes a post-filing timeline tracker and a post-divorce name and account update checklist to help you manage each step after your application is submitted.

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