Auckland Family Law Help | Free Legal Info

Family Law in Auckland — what to do right now

If you're in danger right now, call 111 — then know that you can ask the Family Court for a protection order under the Family Violence Act 2018, and in an urgent "without notice" application a judge can grant a temporary protection order, often within 24 to 48 hours, based on your sworn statement before the other person is even told. If instead your worry is the children, the law no longer talks about "custody" — it's "day-to-day care" and "contact" under the Care of Children Act 2004, and you usually must try Family Dispute Resolution and a Parenting Through Separation course before you can apply for a parenting order (urgent cases are exempt). And if it's the house and money, remember the deadline: once a marriage or civil union is dissolved you have only 12 months to bring a relationship-property claim (Property (Relationships) Act 1976, s 24). You don't have to work out which of these applies to you alone — get free legal information first, in plain English, in your language.

The law in Auckland: Family Law

New Zealand has one national legal system. There are no states or provinces and no separate "Auckland family law" — the same Acts of Parliament apply everywhere in the country. What changes locally is where your case is filed and heard: for Auckland, that is the Auckland Family Court, which sits within the Auckland District Court at 65–69 Albert Street in the central city. Family Court cases across the wider region are also heard at courts such as Manukau, Waitākere and North Shore.

Care of children is governed by the Care of Children Act 2004. It deliberately dropped the old language of "custody" and "access" in favour of "day-to-day care" (where the child mainly lives) and "contact" (time with the other parent or guardian). Section 4 makes the child's welfare and best interests the first and paramount consideration in every decision. Before you can usually apply to the court for a parenting order, you must have attended a Parenting Through Separation course (within the last 2 years) and tried Family Dispute Resolution mediation (within the last 12 months) — unless your application is urgent ("without notice"), is by consent, or there is family violence. The Family Court can make interim or final parenting orders about care, contact and a child's upbringing.

Dividing what you own is governed by the Property (Relationships) Act 1976. Its core rule is equal sharing: for married couples, civil-union couples and de facto couples who have been together for at least 3 years, relationship property — typically the family home, the family car, furniture and chattels, and the like — is presumed to be split 50/50, no matter whose name is on the title (s 11). Separate property, such as most things you owned before the relationship or inherited, is usually kept out. A court can depart from equal sharing only in narrow situations — for example, under s 13 where "extraordinary circumstances" would make equal sharing repugnant to justice. There are hard time limits in s 24: after a marriage or civil union is dissolved you have 12 months to apply for a property order, and for a de facto relationship you generally have 3 years from the date it ends.

Ending a marriage itself is governed by the Family Proceedings Act 1980. The only ground for a dissolution order is irreconcilable breakdown, proved by living apart for at least 2 years (s 39) — New Zealand is a no-fault system, so you do not prove blame, and you cannot shorten the 2 years even if you both agree. A significant 2025 change: the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 came into force on 17 October 2025, so a person who is protected under a final protection order against their spouse can now apply for a dissolution without the 2-year separation and without having to be living apart. Family violence itself is covered by the Family Violence Act 2018; a temporary protection order made without notice becomes final by operation of law after 3 months unless the respondent files to defend it. Child support is separate from all of this — it is assessed by Inland Revenue under the Child Support Act 1991 using a formula based on both parents' incomes, the time each has the children in their care, and the children's ages. How any of this applies to your facts is a conversation for an Auckland family lawyer; the information above is free.

Key Statutes (New Zealand-wide)

Care of Children Act 2004 — 'day-to-day care' and 'contact' (not custody/access); s 4 child's best interests paramount
Property (Relationships) Act 1976 — equal sharing (s 11) for relationships of 3+ years; s 13 'repugnant to justice' exception
Property (Relationships) Act 1976, s 24 — 12-month deadline to claim after a dissolution; 3 years for de facto relationships
Family Proceedings Act 1980, s 39 — dissolution on irreconcilable breakdown, proved by 2 years living apart (no fault)
Family Violence Act 2018 — protection orders; a 'without notice' temporary order can be granted in 24–48 hours
Child Support Act 1991 — Inland Revenue formula assessment on both parents' incomes, care time and children's ages

Courts & Agencies (Auckland)

Auckland Family Court (within the Auckland District Court), 65–69 Albert Street, Auckland City — divorce, care, property, protection orders
Family Courts across the region — Manukau, Waitākere and North Shore also hear family matters for the wider Auckland area
Family Dispute Resolution (FDR) — funded mediation you usually must try before applying for a parenting order
Inland Revenue (IRD) — assesses, collects and pays child support under the formula; separate from the court
Ministry of Justice — runs free Parenting Through Separation courses and processes legal-aid applications

Deadlines & Outcomes

2 years living apart before a dissolution order — unwaivable (s 39), unless the new family-violence pathway applies
12 months after a dissolution to bring a relationship-property claim (s 24) — miss it and you may lose the right
A 'without notice' temporary protection order can issue in 24–48 hours and becomes final after 3 months if undefended
Relationship property of a 3+ year relationship is presumed to be split 50/50 regardless of whose name is on title
Breaching a protection order is a criminal offence under the Family Violence Act 2018, with possible imprisonment

The 12-month property clock that starts the day your divorce comes through — and the one most people miss

Here's what catches Auckland couples out. Getting the dissolution (the divorce order itself) feels like the finish line — but for your house and money it can be the start of a countdown. Under section 24 of the Property (Relationships) Act 1976 you have only 12 months from the date a marriage or civil union is dissolved to apply to the Family Court for a relationship-property order. Let that year slip and you may need the court's permission just to bring a late claim, with no guarantee you'll get it. The flip side matters too: you do not have to wait for the divorce to sort out property — you can divide relationship property as soon as you separate, and for a de facto relationship a different limit (generally 3 years from the date it ends) applies. People lose real money simply because they didn't know which clock was running. You don't have to figure that out on your own — get free legal information first, in plain English.

Likely outcomes & penalties

Family law outcomes aren't criminal penalties — they're about your children, your home and your money, and in New Zealand many run on clear rules. Here's the realistic range of what's at stake.

Care of children

The court decides "day-to-day care" and "contact" by the child's best interests (Care of Children Act 2004, s 4) — not by who earns more or who left. You usually must complete Parenting Through Separation and try Family Dispute Resolution before applying for a parenting order, unless it's urgent or there's family violence.

Relationship property

For a relationship of 3 years or more, relationship property (the family home, car, furniture, chattels) is presumed split 50/50 under the Property (Relationships) Act 1976, whatever the title says. A court can depart from equal sharing only in narrow cases, such as s 13 "extraordinary circumstances".

Dissolution (divorce)

Granted on irreconcilable breakdown after 2 years living apart (Family Proceedings Act 1980, s 39) — no fault and no blame. Since 17 October 2025, a person protected by a final protection order can apply without the 2-year separation under the 2024 family-violence amendment.

Protection orders

The Family Court can make a protection order under the Family Violence Act 2018. In an urgent "without notice" application a temporary order can issue within 24–48 hours; it becomes a final order after 3 months unless the respondent defends it. Breaching the order is a crime.

Child support

Assessed by Inland Revenue, not the court, using a formula based on both parents' incomes, the time each parent cares for the children, and the children's ages (Child Support Act 1991). Living allowances and minimum rates are updated each year.

Mistakes to avoid

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Thinking the divorce sorts out the house and money — it doesn't. The dissolution only ends the marriage; relationship property is a separate process, and you have just 12 months after the dissolution to bring a claim (s 24).

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Assuming a de facto partner gets nothing. A de facto relationship of 3 years or more is covered by the same equal-sharing rule as marriage — and short relationships can still qualify in some cases, so don't write off a claim without advice.

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Believing you can speed up the divorce because you both agree. You can't — the 2-year living-apart requirement under s 39 is fixed (the only new exception is the 2025 family-violence pathway for protected persons).

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Filing straight for a parenting order without doing Parenting Through Separation and Family Dispute Resolution first — outside urgent or family-violence cases, the court will usually require these steps before it will hear you.

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Treating who "caused" the break-up as decisive. New Zealand family law is no-fault: an affair or who walked out generally does not change the property split, the divorce, or the care of the children.

How it works

Get free legal information now on 0800 461 100. No web form, no income test, no waiting room. You can talk through your situation in plain English, or in your language, and find out where you actually stand.

Talk to an AI assistant trained on New Zealand law. Our assistant knows the Care of Children Act, the Property (Relationships) Act, the Family Proceedings Act and the Family Violence Act — the deadlines, the equal-sharing rule, the protection-order process — and explains how your situation works and what your next move is. It's information, not legal advice, and creates no lawyer-client relationship.

Get pointed to the right next step. If your case needs a lawyer, we can help you connect with an Auckland family lawyer; if free help is the better fit, we'll point you to the Auckland Family Court, the Auckland Community Law Centre and Family Dispute Resolution. No pressure, no obligation.

Free & low-cost Family Law help in Auckland

If you want to handle part of this yourself or you can't afford a lawyer, New Zealand has strong free and low-cost help — official court guides, community law centres in Auckland, and legal aid that can fund a lawyer. Start with these.

Auckland Community Law Centre

Aotearoa's oldest community law centre, giving free legal advice to Aucklanders on low incomes, including family law — guardianship, care arrangements and family violence. Central office at Level 2, Tasman Building, 16–22 Anzac Avenue, with clinics across Auckland.

Community Law — free legal help (nationwide)

The national network of community law centres, with a free online Community Law Manual covering relationship property, care of children, dissolution and protection orders, plus a directory to find your nearest centre.

Ministry of Justice — Care of Children & Family Court

Official, plain-language guides to parenting arrangements, Parenting Through Separation, Family Dispute Resolution, dividing relationship property, dissolution and protection orders, with the forms and the Auckland Family Court details.

Legal aid (Ministry of Justice)

Government funding that can pay for a lawyer in family cases if you meet the income and asset tests. Legal aid is treated as a loan and may need to be repaid depending on your income, property and the outcome of your case.

Citizens Advice Bureau (CAB)

Free, confidential information about your legal rights and the options open to you, available to anyone, with bureaux across Auckland and a national phone line.

New Zealand Law Society — Find a Lawyer

The official register to find a practising family lawyer in Auckland, plus public guides on dividing relationship property, care of children and family violence.

FAQ — Family Law in Auckland

Is family law different in Auckland from the rest of New Zealand?

No. New Zealand has one national legal system — there are no states or provinces, so the same Acts of Parliament apply everywhere. What is "local" about Auckland is practical: your case is filed and heard at the Auckland Family Court at 65–69 Albert Street (with the wider region also served by courts such as Manukau, Waitākere and North Shore), and there are Auckland-based free services like the Auckland Community Law Centre. The law is the same; the courthouse and the local help are what change.

How long does it take to get a divorce in New Zealand?

You can only apply for a dissolution (divorce) after you have been living apart for at least 2 years — that's the only ground, "irreconcilable breakdown" under section 39 of the Family Proceedings Act 1980, and it's no-fault. You cannot shorten the 2 years even if you both agree. The one new exception, from 17 October 2025, is for a person protected by a final protection order against their spouse, who can now apply without the 2-year separation. Get free legal information to check which path fits you.

What happens to the house and the money when we separate?

For a marriage, civil union or de facto relationship of 3 years or more, relationship property — typically the family home, car, furniture and chattels — is presumed to be divided equally (50/50) under the Property (Relationships) Act 1976, no matter whose name is on the title. Property you owned before the relationship or inherited is usually kept separate. A court can depart from equal sharing only in narrow situations. The fairest split for your facts depends on the detail — get free legal information first.

I'm a de facto partner — do I have any rights to property?

Often, yes. A de facto relationship of 3 years or more is covered by the same equal-sharing rules as marriage under the Property (Relationships) Act 1976. For relationships under 3 years the Act usually doesn't apply, but there are exceptions — for example where there's a child of the relationship or you made substantial contributions. Don't assume you have no claim. Free legal information can tell you whether the Act covers your situation.

How is the care of our children decided?

New Zealand law no longer uses "custody" and "access" — it talks about "day-to-day care" (where the child mainly lives) and "contact" (time with the other parent). Under the Care of Children Act 2004 the child's welfare and best interests come first. Before you can usually apply to the court for a parenting order you must complete a Parenting Through Separation course and try Family Dispute Resolution mediation, unless your case is urgent or involves family violence. Get free legal information on the right next step.

What is Family Dispute Resolution and do I have to do it?

Family Dispute Resolution (FDR) is funded mediation where an independent mediator helps separated parents try to agree on care arrangements. In most cases you must try FDR — and complete a Parenting Through Separation course — before you can apply to the Family Court for a parenting order. You're exempt if your application is urgent ("without notice"), if you're both agreed (a consent order), or where there's family violence. Free legal information can confirm whether you need it.

How do I get a protection order in Auckland if I'm not safe?

If you're in immediate danger, call 111. Otherwise you can apply to the Auckland 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. That temporary order becomes a final order after 3 months unless the respondent files to defend it. Get free legal information on how to apply.

How much child support will I pay or receive?

Child support in New Zealand is handled by Inland Revenue (IRD), not the Family Court, under the Child Support Act 1991. IRD uses a formula based on both parents' incomes, how much time each parent has the children in their care, and the children's ages, with living allowances updated each year. Because it's so fact-specific, a real figure needs your actual numbers. Free legal information can explain how the formula works for your family.

Is there a deadline to claim relationship property after a divorce?

Yes — and people miss it. Under section 24 of the Property (Relationships) Act 1976 you have just 12 months from the date a marriage or civil union is dissolved to apply to the Family Court for a relationship-property order. For a de facto relationship the limit is generally 3 years from the date it ends. The court can sometimes allow a late claim, but you can't count on it. Get free legal information before that clock runs out.

Can I get free or low-cost help with my family law problem in Auckland?

Yes. The Auckland Community Law Centre gives free legal advice to Aucklanders on low incomes, including family matters. The Ministry of Justice runs free Parenting Through Separation courses and publishes plain-language guides, and legal aid can fund a lawyer if you meet the income and asset tests (though it may need to be repaid). The Citizens Advice Bureau can explain your rights for free. We can also point you to the right one for your situation.

Is this service free, and is it legal advice?

Getting general legal information is free on 0800 461 100, with no income test and no web form, and we can help in your language. To be clear about what it is: this is general legal information, not legal advice, and using it creates no lawyer-client relationship — we are not a law firm. If your case needs a lawyer, we can help you connect with an Auckland family lawyer or point you to free services like the Auckland Community Law Centre.

Auckland family lawyers: join our network

Are you an Auckland family lawyer handling care of children, relationship property, dissolutions or protection orders? Our free service is live now on 0800 461 100, and we connect people across Auckland — the central city, the North Shore, West Auckland, South Auckland and beyond — with vetted local lawyers after they've spoken with our assistant. If you'd like to receive matched, consultation-ready enquiries in your area and practice, register your interest to join our network. This is a path for lawyers only — it does not change the free, no-obligation information we give the public.

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Last updated: 21 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Separation, Care of Your Children or Dividing Your Property in Auckland? Get a Free, Plain-English Answer.