Family law in New Zealand: fees, deadlines and next steps

What do you need to resolve first?

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You can address property and children before divorce. A Separation Order records separation; it does not itself settle those issues. Bring any documents already served on you and identify the next court or response date.

Do you have to wait two years for a divorce?

The ordinary route under section 39 of the Family Proceedings Act 1980 is irreconcilable breakdown, established by living apart for the two years immediately before filing. Agreement alone does not shorten that route. Section 40 allows qualifying reconciliation attempts totalling no more than three months without breaking the period.

Section 39A provides a different route for a person protected by a qualifying order against their spouse or civil-union partner. It has operated since 17 October 2025. The parties need not be living apart and do not need two years of separation. A joint application on this ground requires each person to have a qualifying order against the other.

Qualifying orders include final New Zealand protection orders and registered foreign protection orders. Relevant appeal rights must be exhausted or expired, and the statutory child-welfare matters must be addressed. For either divorce route, at least one party must be domiciled in New Zealand when the application is filed; having married here is not enough on its own.

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The Ministry’s divorce guide links the correct forms. The protected-person guide explains supporting orders and service. These statutory periods are not an estimate of the court’s total processing time.

What are the current Family Court fees?

The amounts below are NZ dollars including GST under the Family Court (Fees) Regulations 2009, current from 1 July 2026, and match the Ministry’s fee table checked on 23 October 2026. They are court charges, separate from a lawyer’s fees.

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You can apply for a court-fee waiver under the applicable criteria. Eligibility and approval must be checked; a waiver is not automatic. Legal aid may need to be repaid in part or in full.

Property division needs more than a 50–50 assumption

Section 11 of the Property (Relationships) Act 1976 starts with equal sharing of relationship property, subject to the Act’s other provisions. This is not a right to half of everything either person owns. Relationship duration, separate property, agreements, contributions and possible economic-disparity adjustments can matter.

A home owned before the relationship can become relationship property when it is the family home. Inheritance and gift rules also have exceptions: intermingling can matter, and the family home and chattels are generally relationship property unless a compliant agreement designates them separate. Title in one name does not settle the question.

For a short de facto relationship, section 14A’s gateway requires a child of the relationship or a substantial contribution by the applicant, and serious injustice if no division order is made. If that gateway is met, division reflects contributions, subject to other statutory adjustments. A child alone does not establish a half share.

Before signing a property settlement or transferring an asset, obtain independent advice. Section 21F requires a written, signed agreement, independent advice for each party before signing, lawyer witnessing and certification that the effect and implications were explained. The Act also contains validation and set-aside powers.

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These limits concern court applications. You can resolve property before divorce. Nullity, death, overseas assets and other exceptional situations need separate advice. Keep the order’s finality date and the separation date; a negotiation or hotline call does not itself file an application.

Care arrangements, mediation and parenting orders

Sections 4–6 of the Care of Children Act 2004 put the child’s welfare and best interests first. Safety, continuity, family relationships, identity and the child’s views matter. There is no automatic equal-time outcome or presumption based on a parent’s gender. A parenting order can address day-to-day care and contact.

Ordinary parenting applications usually require an FDR form signed within the previous 12 months and evidence of a parenting information programme within the previous two years. Sections 46E and 47B provide exceptions, including specified response, consent and without-notice applications. Family violence or inability to participate can require supporting affidavit evidence; insufficient evidence can be rejected.

Parenting Through Separation is free. The Ministry’s current funding guidance says FDR through Fair Way Resolution Ltd has been free for anyone requiring it since 1 July 2025. Suitability is assessed. Family Legal Advice Service funding is a different service with eligibility criteria.

If safety or urgency is an issue, explain it before agreeing to mediation or contact arrangements. Obtain advice on the appropriate application and evidence rather than assuming you must mediate or that every filing requirement disappears.

Protection orders and immediate safety

Call 111 if anyone is in immediate danger. The Ministry’s protection-order guide explains the forms and supporting affidavit. There is no filing fee. A judge can consider an urgent application without notice, but filing does not guarantee an order or a particular turnaround.

Under the Family Violence Act 2018, a temporary order may become final after three months if service and other requirements are met and no hearing is required. It is not unconditional automatic finality. A final order does not end merely because someone applies to cancel it; court discharge is required.

Protection, parenting and property orders address different issues. Ask which applications are needed for your situation. Preserve evidence already safely available and tell your adviser about confidential contact or address needs; do not put yourself at risk collecting documents.

Child support is separate from parenting orders

Inland Revenue’s formula assessment considers income, family circumstances, the child’s age and care. Depending on eligibility, a private arrangement or a voluntary agreement administered by IRD may be possible. Use IRD’s current guidance and tools rather than a rough percentage.

Some child-support disputes go to the Family Court, including specified challenges and departure-order applications. Bring the full decision and the date you received it. The correct review or court route depends on the decision; this guide does not calculate an individual entitlement.

What to bring to the first lawyer consultation

Use this checklist to organise the documents you already have. It is preparation guidance, not a requirement to collect every item before seeking urgent help. Access only records you are entitled to use.

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Official help and free legal information

Public and community services can help with information, safety and eligible legal assistance. Check each service’s scope and availability. Court staff can explain procedure but do not replace advice on your case.

Common questions about New Zealand family law

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