Family Law in New Zealand

How long does a divorce take in New Zealand, and can we speed it up?

You can only apply for a dissolution after living apart for at least 2 years — the single, no-fault ground under s 39 of the Family Proceedings Act 1980 — and you cannot shorten it even by agreement. The one exception, in force since 17 October 2025, lets a person protected by a final protection order against their spouse apply without the 2-year wait. The order itself is usually processed in a few months once filed; if made without a court hearing it takes effect one month after it is made.

How is our property divided if we separate?

For a marriage, civil union or de facto relationship of 3 years or more, relationship property — the family home, car, furniture, chattels and most assets built up together — is presumed to be divided 50/50 under the Property (Relationships) Act 1976, regardless of whose name is on the title. Property owned before the relationship and most inheritances usually stay separate. Courts depart from equal sharing only in narrow situations, and there are hard deadlines to claim: 12 months after a dissolution, and generally 3 years after a de facto relationship ends.

I'm not married — does my partner have a claim on my property?

Quite possibly, yes. A de facto relationship of 3 years or more is covered by the same equal-sharing rules as marriage. Shorter relationships are usually outside the Act, but there are exceptions — for example where there is a child of the relationship or one partner made substantial contributions. Don't assume either way: this is one of the most misunderstood areas of New Zealand law, and a free call can tell you whether the Act covers your situation.

How is the care of our children decided?

Under the Care of Children Act 2004 the child's welfare and best interests are the first and paramount consideration — there is no automatic 50/50 and no legal preference for mothers. The law uses "day-to-day care" and "contact", not custody and access. Before applying for a parenting order you must usually complete a free Parenting Through Separation course and attempt Family Dispute Resolution mediation, unless the matter is urgent, agreed, or involves family violence.

How do I get protection from family violence quickly?

If you're in immediate danger, call 111. Otherwise, you can apply to the Family Court for a protection order under the Family Violence Act 2018. In an urgent "without notice" application a judge can grant a temporary protection order based on your sworn statement — often within 24 to 48 hours — before the other person is told. It becomes a final order after 3 months unless the respondent defends it, and breaching a protection order is a criminal offence.

How much child support will I pay or receive?

Child support is handled by Inland Revenue, not the Family Court. The Child Support Act 1991 formula uses both parents' taxable incomes, how many nights the children spend in each parent's care, and the children's ages, with living allowances updated each year. Parents can instead agree their own amount and register it, or keep it entirely private. Because the formula is so fact-specific, a real figure needs your actual numbers — the free line can explain exactly how it works for your family.

Is there a deadline I might be missing?

Probably the relationship-property clock: only 12 months from the date a marriage or civil union is dissolved to apply for a property order (s 24), and generally 3 years from the end of a de facto relationship. The court can allow late claims but you cannot count on it. The other big one is the 2-year separation before a dissolution can even be filed. One free call sorts out which clocks are running in your situation.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about New Zealand family law — not legal advice on your specific situation — and calling creates no lawyer-client relationship. When you want advice or someone in your corner, we connect you with an expert New Zealand family lawyer for a one-hour consultation at a fixed NZ$295 (GST inclusive), bookable on the call, with the price confirmed before you pay anything.