Divorce, Care of Your Children, or a Protection Order in Canterbury? Get a Free, Plain-English Answer.

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.