Family law in Tasmania: choose your next step

Which process applies to your situation?

Start with the document or decision in front of you. A divorce application does not resolve every issue arising from separation. If papers have been served, identify the hearing date and response requirements immediately.

Scroll the tables sideways to compare all columns.

Follow the actual notice for venue and attendance method. Tasmania has no separate state Family Court like Western Australia; protection orders and child-protection proceedings are distinct from ordinary federal parenting litigation.

Divorce: separation, service and current fees

The official divorce application guide says to apply after 12 months and one day of separation. Sections 48–50 of the Family Law Act 1975 govern the separation requirement. Living separately under one roof can count with evidence; citizenship, domicile or residence requirements also apply. De facto partners do not need a divorce.

A qualifying single reconciliation lasting no more than three months can allow the separation periods before and after it to be combined, excluding the time living together. Get the dates checked if there has been reconciliation or disagreement about when separation occurred.

A joint application does not require service on the other joint applicant. A sole application needs compliant service and proof. Most hearings occur without the parties attending, but the court can require attendance: follow the current divorce practice direction and your case instructions.

Divorce generally takes effect one month and one day after it is granted, subject to the order and statutory exceptions, including appeals. Record the actual effective date. Divorce does not itself divide property, settle child support or make parenting orders.

Scroll the tables sideways to compare all columns.

The federal court’s July 2026 notice and divorce reduction guide explain the fees. Divorce has a reduced fee rather than complete exemption. Other eligible fees may be exempted under the court’s concession or hardship rules. Filing fees do not include all hearing, service, expert or legal costs.

Property and maintenance: check the clock and eligibility

Leaving the home does not itself forfeit your property rights. Put safety first. Occupation, mortgage payments, parenting arrangements and financial entitlements need separate consideration; do not remain in danger to preserve a supposed share.

There is no automatic 50–50 division. The property framework identifies assets and liabilities and considers contributions, current and future circumstances, and whether the result is just and equitable. Changes from 10 June 2025 expressly address relevant economic effects of family violence; transitional rules matter where a final hearing had already started.

De facto financial claims have relationship, geographical and commencement requirements. Section 90SB requires at least two years together, or a child of the relationship, registration under prescribed law, or the applicant’s substantial contributions coupled with serious injustice to that applicant if no order were made. Sections 90SK and 90SD supply separate property and maintenance geographical tests. A short relationship is not automatically excluded.

Full and frank financial disclosure is required in relevant financial proceedings and their preparation. Preserve records lawfully. Superannuation may be split under an appropriate agreement or order, but it is not automatically divided or immediately available cash. Obtain advice before signing a settlement or transferring assets.

Scroll the tables sideways to compare all columns.

These are limits for starting relevant proceedings, not finishing a settlement. Negotiating or booking advice does not stop the clock. Nullity, foreign connections, death, existing proceedings and financial agreements need separate checking.

Parenting arrangements, mediation and urgent applications

Sections 60CA–60CC make the child’s best interests paramount. The current framework addresses safety, the child’s views and needs, carers’ capacity, safe relationships and relevant circumstances, with additional cultural considerations for Aboriginal and Torres Strait Islander children. The equal-shared-parental-responsibility presumption was removed from 6 May 2024. There is no automatic equal-time outcome.

Most contested parenting applications need a section 60I certificate from an accredited family dispute resolution practitioner or a court-granted exemption. Refusal to participate can result in a practitioner’s certificate; it is not itself an automatic exemption. Violence, abuse risks, urgency and other statutory grounds can support an exemption with evidence. The parenting practice direction sets out the documents. Property cases have separate pre-action and disclosure requirements, rather than a section 60I certificate.

A signed, dated parenting plan is not itself enforceable like court orders. The court’s agreement guide explains consent orders and financial agreements. A binding financial agreement needs each party’s independent legal advice and compliance with technical requirements. Existing orders or agreements may still be challenged or changed on legal grounds.

A Response to Initiating Application in parenting proceedings generally must be filed and served within 28 days of service. Check your actual application and orders promptly. Ignoring proceedings can lead to orders without your participation; it does not mean the other party automatically receives everything requested.

If a child may be moved, give a lawyer the proposed destination, timing and current orders. Interstate relocation and overseas departure involve different rules; recovery applications can be possible without an existing parenting order. An urgent listing requires appropriate application material and evidence, and is assessed by the court. There is no guaranteed same-day order.

The court’s published after-hours family service on 1300 352 000 is limited, including a real risk of removal of a child from Australia before the next working day. It is not a general after-hours interstate-relocation service. Call 000 for immediate danger.

Tasmania protection orders: PFVO, interim FVO and final FVO

The Family Violence Act 2004 concerns violence involving a current or former spouse or partner within its definitions. Conditions can protect children and other named people. Disputes involving other relationships may need a restraint-order route. Violence is not limited to physical assault: the Act also addresses specified threatening, coercive, economic and emotional abuse.

A police order requires the statutory police assessment. For a court FVO, section 16 requires satisfaction on the balance of probabilities that family violence has occurred and may occur again. Conditions can restrict contact or occupation of premises, including premises the respondent owns. Protection is distinct from final property division.

Scroll the tables sideways to compare all columns.

Use the Magistrates Court’s current forms and registry instructions. The court currently asks applicants to take the form and five copies to the nearest registry; no FVO filing fee applies. Urgent interim relief is a court decision. Breaching an order can be criminal. Private agreement does not amend its conditions; get advice about any overlap with parenting orders or bail. Under section 20, extension does not require changed circumstances, while leave for variation or revocation requires a substantial change in the relevant circumstances since the order was made or last varied.

Child support, child protection and local court contacts

Child support depends on the applicable assessment rules, including income and care arrangements. Start with the actual Services Australia decision. Its objection and review guide explains eligible objections, ART review, particular court routes and time limits. Do not assume every dispute starts with a family-court application. Read the receipt date and review instructions immediately; raise safety/privacy concerns before supplying documents that may be shared.

If DECYP contacts you about a child’s safety, keep its letters, proposals and any court papers and obtain advice promptly. This process is distinct from a private parenting dispute. For concerns about a child’s safety or wellbeing, DECYP lists the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123. Use 000 for immediate danger.

Scroll the tables sideways to compare all columns.

Check the Hobart or Launceston listing and your hearing notice before travelling. A location listing does not mean your hearing requires an in-person visit.

Documents to prepare before seeking advice

Keep copies somewhere safe and obtain records lawfully. These details help a lawyer identify the process and urgent decisions; do not delay a deadline or safety response while collecting a perfect file.

1. Gather all applications, notices and orders, with service dates and hearing details. Include parenting orders, PFVOs/FVOs, bail conditions and DECYP correspondence.
2. Record marriage, separation and breakdown dates, any reconciliation, the divorce effective date, de facto registration and relevant residence history.
3. Write down children’s current care and schooling arrangements, proposed travel, any FDR certificate and a factual safety chronology with available evidence.
4. Collect assets, debts, superannuation, income and bank/tax/business records, existing financial agreements and relevant evidence of economic effects of violence.
5. Keep child-support decisions and receipt dates. List your immediate priorities and ask what advice, document review or further work can be provided, and at what cost.

Official help and free legal information

Free initial advice, public information and support may be available through the services below. A grant for ongoing legal representation has separate eligibility and scope requirements.

Common Tasmania family-law questions

Related legal information