Divorce, Care of Your Children, or a Protection Order in Canterbury? Get a Free, Plain-English Answer.
Maybe you've just separated and you don't know who the kids stay with tonight. Maybe you're worried about the house, your KiwiSaver, or being pushed out of your own home. New Zealand family law runs on its own clocks and rules — a two-year wait before you can dissolve a marriage, a 50/50 split of relationship property after three years together, mediation you usually have to try before the Family Court will hear a parenting dispute. Before you sign anything or agree to anything, get the facts. This page explains how family law works for people in Canterbury — Christchurch, Timaru, Ashburton, Rangiora and the wider region — and where to get free help. This is general legal information, not legal advice, and it costs nothing to read.
Free legal information. Not legal advice. Available 24/7 across Canterbury.
Family Law in Canterbury — what to do right now
In New Zealand there is one national family law — the same in Canterbury as in Auckland — but your case is heard locally at the Family Court sitting at the Christchurch (Ōtautahi) Family Court, 20 Lichfield Street, in the Justice & Emergency Services Precinct. The most important things to know up front: a marriage or civil union can only be dissolved after you have lived apart for at least two years (Family Proceedings Act 1980), and that clock cannot be shortened. If you and the other parent can't agree on the children, you usually have to attempt Family Dispute Resolution (FDR) mediation — free since 1 July 2025 — before you can apply to the Family Court for a parenting order, unless there is a safety issue. And if you or your children are unsafe, you can apply for a Protection Order under the Family Violence Act 2018, and a Judge can make a temporary order without notice to the other person, often within 24–48 hours. If you are in immediate danger, call 111 first.
The law in Canterbury: Family Law
New Zealand has a single national legal system. There are no states or provinces and no separate Canterbury family law — the same Acts of Parliament apply everywhere, and they are all heard in the Family Court, a division of the District Court of New Zealand. For Canterbury, that Court sits primarily at Christchurch, with the High Court available for the most serious or contested matters. So "family law in Canterbury" means the national law, applied by your local Court and the local services around it.Divorce in New Zealand is purely no-fault. Under the Family Proceedings Act 1980 the only ground for a dissolution order is that the marriage or civil union has broken down irreconcilably, and the law treats that as proven once the couple has been living apart for two years. You cannot speed this up, even if you both agree — and you cannot block it either, because one partner can apply alone. A short reconciliation of up to three months during that period does not reset the clock. Note that "dissolution" (ending the legal marriage) is a separate process from dividing your property and sorting out the children, which often happen well before the two years are up.
Relationship property is governed by the Property (Relationships) Act 1976. Its core rule is equal sharing: once a marriage, civil union or de facto relationship has lasted three years, relationship property — typically the family home, the car, furniture, and assets built up during the relationship — is divided 50/50, regardless of whose name is on the title. Separate property (generally what you owned before the relationship, plus most gifts and inheritances) is usually kept out, though it can become relationship property if it gets mixed in. Relationships of under three years are normally outside the equal-sharing rules unless there is a child of the relationship or it would cause serious injustice. Couples can "contract out" with a properly executed agreement (often called a pre-nup).
Decisions about children sit under the Care of Children Act 2004, and the Family Court's one paramount test is the welfare and best interests of the child (sections 4 and 5). The Act lists principles — protecting the child from violence, continuity of care, and a continuing relationship with both parents where safe. Crucially, you usually must attempt Family Dispute Resolution mediation, and often complete the free Parenting Through Separation course, before you can apply for a parenting order — unless the matter is urgent or there is a safety concern. Where there is family violence, the Family Violence Act 2018 lets the Court make a Protection Order; an urgent application can be granted "without notice" as a temporary order that becomes final by operation of law three months later unless the respondent objects. All of this is information you can use to understand your position — how it applies to your facts is something to confirm with a New Zealand-qualified lawyer.
Key Statutes (National — apply in Canterbury)
- Family Proceedings Act 1980 — no-fault dissolution; living apart for two years is the only ground
- Property (Relationships) Act 1976 — equal (50/50) sharing of relationship property after three years
- Care of Children Act 2004 — parenting and guardianship; child's welfare and best interests paramount (ss 4–5)
- Family Violence Act 2018 — Protection Orders, including urgent temporary orders made without notice
- Child Support Act 1991 — Inland Revenue formula assessment of child support
Courts & Services (Canterbury)
- Family Court at Christchurch (Ōtautahi), 20 Lichfield Street — divorce, care of children, relationship property and Protection Orders for the region
- High Court at Christchurch — most serious or complex relationship-property and appeal matters
- Family Dispute Resolution (FDR) — free mediation you usually must try before a parenting-order application
- Parenting Through Separation — free four-hour course; certificate valid two years
- Inland Revenue (IR) — assesses, collects and pays out child support
Timeframes & Thresholds
- Two years living apart before a marriage or civil union can be dissolved — unshortenable
- Three years together before automatic 50/50 relationship-property sharing applies
- Reconciliation of up to three months does not reset the two-year separation clock
- A without-notice Protection Order can be granted in about 24–48 hours and becomes final after three months unless objected to
- After FDR, you have 12 months to apply to the Family Court before you must do FDR again
The two-year wait and the three-year line — two clocks most separating couples in Canterbury don't know about
Two things blindside people again and again. First, you cannot get a dissolution (the legal end of a marriage or civil union) in New Zealand until you have been living apart for two years — there is no fast track and no waiver, even by agreement. People make remarriage plans or assume it's a quick form, and it isn't. Second, the Property (Relationships) Act draws a bright line at three years: reach it and relationship property is shared 50/50 by default; fall short and you're usually outside the equal-sharing rules altogether. That single line can swing the family home and KiwiSaver. The good news is that dividing property and arranging care of the children don't have to wait for the two-year divorce clock — they can be sorted now. Knowing which clock affects you, and acting before the wrong one runs, protects your options.
Likely outcomes & penalties
Family law outcomes aren't punishments — they're financial and care arrangements, and in New Zealand many run on clear rules. Here's the realistic range of what's at stake in a Canterbury case.Mistakes to avoid
How it works
Free & low-cost Family Law help in Canterbury
If you can't afford a lawyer or want to handle part of this yourself, New Zealand has strong free and low-cost help — official court information, free mediation, community law centres and legal aid. Start with these, all available to people in Canterbury.
FAQ — Family Law in Canterbury
How long does it take to get divorced in New Zealand?
You can only apply for a dissolution order once you and your spouse or civil-union partner have been living apart for at least two years (Family Proceedings Act 1980). That two-year period cannot be shortened, even if you both agree. A short reconciliation of up to three months doesn't reset the clock. Importantly, the divorce itself is separate from dividing your property and sorting out the children — you don't have to wait two years to start on those. This is general information; a Canterbury family lawyer can confirm the timing for your situation.
Do I have to go to court at Christchurch to sort out the kids?
Often not. In most parenting disputes you must first attempt Family Dispute Resolution (FDR) — free mediation — and many parents also complete the free Parenting Through Separation course. If you reach agreement there, you may never need a courtroom. If you can't agree, or there's urgency or a safety issue, you can apply to the Family Court sitting at Christchurch (20 Lichfield Street) for a parenting order under the Care of Children Act 2004. The Court decides on the child's welfare and best interests.
How is property divided when we separate?
Under the Property (Relationships) Act 1976, once your relationship has lasted three years, relationship property is shared equally — 50/50 — regardless of whose name is on the title. That usually covers the family home, vehicles, furniture and assets built up during the relationship. Separate property, such as what you owned before the relationship or most gifts and inheritances, is generally kept out, but it can become shareable if it's mixed into joint finances. For relationships under three years the rules are different. Get advice on which assets count in your case.
We've been together less than three years — what happens to our property?
Relationships of under three years are normally outside the automatic equal-sharing rules of the Property (Relationships) Act 1976. There are exceptions — for example, if there is a child of the relationship, or if not applying the Act would cause serious injustice — in which case the Court can still divide property, often by reference to each person's contributions. Because the outcome turns on your specific facts, this is worth checking with a Canterbury family lawyer.
I'm scared of my partner — how do I get a Protection Order?
You can apply to the Family Court for a Protection Order under the Family Violence Act 2018. If the matter is urgent, a Judge can make a temporary order "without notice" — based on your statement, before the other person is told — often within about 24 to 48 hours. A without-notice order becomes final by operation of law three months later unless the respondent objects, in which case there's a hearing. A Protection Order can remove the other person from the home and imposes non-contact and non-violence conditions; breaching it is a criminal offence. If you are in immediate danger, call 111 first.
What is Family Dispute Resolution and is it free?
Family Dispute Resolution (FDR) is mediation in which an independent mediator helps separated parents try to agree a parenting plan for their children. Since 1 July 2025 it is free. In most cases you must attempt FDR before you can apply to the Family Court for a parenting order, unless there's a safety concern or another exception. If FDR doesn't resolve everything, you have 12 months to apply to the Court before you'd need to do FDR again.
Does it matter whose fault the break-up was?
For the divorce itself, no. New Zealand has no-fault dissolution — the only ground is that the marriage or civil union has broken down irreconcilably, shown by two years living apart. Fault generally doesn't change how relationship property is divided either; the Property (Relationships) Act focuses on equal sharing, not blame. Conduct can matter in specific ways — for example, family violence is highly relevant to care-of-children and Protection-Order decisions. Get advice on what actually affects your case.
How much child support will I pay or receive?
Child support in New Zealand is usually worked out by Inland Revenue (IR) under a national formula that looks at both parents' incomes and how much of the care each parent provides — it's generally not set by the Family Court. Parents can also make their own private agreement. Because it's formula- and income-based, the figure depends on your actual numbers. IR can give you an assessment, and a lawyer can explain how it fits with your wider arrangements.
Can I keep the family home if it's only in my name?
Not necessarily. After three years together, the family home is usually relationship property under the Property (Relationships) Act 1976 and is shared 50/50 even if the title is in one name only. There can be exceptions and adjustments — for example, where part of the home traces back to clearly separate property that was never intermingled. This is one of the most contested areas in a separation, so it's worth getting advice early.
Is this service free, and do you give legal advice?
The information on this page is free general legal information, not legal advice, and reading it creates no lawyer-client relationship — we're not a law firm. It's designed to help people in Canterbury understand how New Zealand family law works and where to get help, including free services like Community Law Canterbury and Family Dispute Resolution. If your situation needs formal advice or representation, we can help you arrange a consultation with a New Zealand-qualified family lawyer.
What's the difference between a 'dissolution' and a separation?
Separation simply means you've stopped living together as a couple — it can be informal, and the two-year clock for a future divorce starts running from it. A dissolution order is the formal legal ending of a marriage or civil union, which you can only obtain after two years living apart. You can sort out relationship property and the care of your children at any point after separating — you don't have to wait for the dissolution, and many people resolve those issues long before the two years are up.
Canterbury family lawyers: join our network
Are you a New Zealand-qualified family lawyer practising in Canterbury — Christchurch, Timaru, Ashburton, Rangiora and the wider region — handling separation, care of children, relationship property and family violence matters? We connect people across the region with local lawyers after they've had free, plain-English information about their situation. If you'd like to receive consultation-ready referrals in your area and practice, join our network. This is for lawyers only and does not change the free, no-obligation help we give the public.
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.
Sources & further reading
- Family Proceedings Act 1980 — New Zealand Legislation
- Property (Relationships) Act 1976 — New Zealand Legislation
- Care of Children Act 2004 — New Zealand Legislation
- Family Violence Act 2018 — New Zealand Legislation
- Christchurch (Ōtautahi) Family Court — Ministry of Justice
- Family Dispute Resolution — Ministry of Justice
- Community Law Canterbury
Know your clocks before they run. Get the facts first.
Whether you've just separated, you're worried about the children, or you need to be safe at home, New Zealand family law runs on rules worth understanding early — the two-year divorce wait, the three-year property line, the free mediation step before the Family Court at Christchurch, and urgent Protection Orders when safety is at risk. The sooner you understand which rules apply to you, the more options you keep. This page is free general legal information, not legal advice, and there are free services across Canterbury ready to help. If your situation needs a lawyer, we can help you arrange a consultation with a New Zealand-qualified family lawyer in the region.
Free legal information. Not legal advice.