Maybe you've just separated and you don't know who the children stay with tonight. Maybe you're scared in your own home, or you've been served with Family Court papers and you don't know what the deadlines are. New Zealand family law is the same right across the country — the Care of Children Act, the Property (Relationships) Act, the Family Violence Act — but in Tūranganui-a-Kiwa it runs through the Gisborne Family Court at 1 Customhouse Street, with free local help at the Tairāwhiti Community Law Centre. Our service gives you free legal information in plain English about how the law works and what your next move is. This is general legal information, not legal advice, and it creates no lawyer–client relationship. Call 0800 461 100 — free legal information, any hour.
Free legal information. Not legal advice. Available 24/7 across Gisborne.
If you're frightened for your safety or your children's safety right now, you can apply to the Gisborne Family Court for a Protection Order under the Family Violence Act 2018 — and you can apply "without notice" (urgently), so a judge can grant a Temporary Protection Order, usually within about 24–48 hours, before the other person is even told. If you've separated and can't agree on the care of your children, you can apply for a Parenting Order under the Care of Children Act 2004; in non-urgent cases you'll usually first need to have attended Family Dispute Resolution (FDR) and a Parenting Through Separation course, but those are not required when the case is genuinely urgent. And if you want a divorce, New Zealand's only ground is "irreconcilable breakdown," proved by living apart for two years — there is no quicker no-fault path except a narrow new exception for protection-order holders. If you're in danger this minute, call 111 first. For free legal information about which step fits your situation, call our free Gisborne service on 0800 461 100.
Here's what surprises many separating couples in Gisborne: you cannot get a New Zealand divorce just because you both want one now. The only ground is "irreconcilable breakdown," and the only way to prove it is to have been living apart for two years — and you cannot shorten that, even by agreement (the one narrow exception, from October 2025, is for a survivor who holds a final Protection Order). At the same time, the law has a fast lane when it matters most: if you or your children are at risk, an urgent "without notice" application to the Gisborne Family Court can produce a Temporary Protection Order or an interim parenting order, usually within about 24–48 hours, before the other person is told. Knowing which track you're on — the slow status clock or the urgent safety lane — changes everything. Our free Gisborne service can help you work that out in plain English, on 0800 461 100.
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 — and Gisborne has its own community law centre. Start with these official and local services.
Who do the children stay with after we separate in Gisborne?
There's no automatic rule that children go to one parent — the Care of Children Act 2004 says the child's welfare and best interests come first and paramount. If you can agree, you don't need a court at all. If you can't, you can apply to the Gisborne Family Court for a Parenting Order setting day-to-day care and contact. For non-urgent applications you'll usually need to have done Family Dispute Resolution and the Parenting Through Separation course first. Our free Gisborne service can explain the path in plain English — call 0800 461 100.
How long does it take to get divorced in New Zealand?
The marriage can only be dissolved on the ground of "irreconcilable breakdown" under the Family Proceedings Act 1980, and the only way to prove that is to have been living apart for two years. You cannot shorten that two years even if you both agree. There is one narrow exception from October 2025: a survivor of family violence who holds a final Protection Order can apply for an immediate dissolution. To understand which applies to you, call our free Gisborne service on 0800 461 100.
How is property divided when we split up?
Under the Property (Relationships) Act 1976, once your marriage, civil union or de facto relationship has lasted three years or more, the starting point is equal sharing — relationship property such as the family home and assets built up during the relationship is split 50/50, regardless of who earned more or whose name is on it. Property you owned before the relationship, and most gifts and inheritances kept separate, is usually "separate property." How the line falls in your case depends on the facts.
Does it count as 'married' if we just lived together?
For dividing property, yes — a de facto relationship of three years or more is generally treated the same as marriage under the Property (Relationships) Act 1976, with the same 50/50 starting point. Under three years, the equal-sharing rules usually don't apply unless there's a child of the relationship or not sharing would cause serious injustice. You don't "divorce" a de facto relationship — dissolution only applies to marriages and civil unions — but the property and children questions are the same.
I'm scared for my safety — how do I get a Protection Order?
Under the Family Violence Act 2018 you can apply to the Gisborne Family Court for a Protection Order, and if it's urgent you can apply "without notice." A judge can grant a Temporary Protection Order based on your statement, usually within about 24–48 hours, before the other person is told. It becomes a final order three months later unless they object. If you're in danger right now, call 111 first. Call our free Gisborne service on 0800 461 100 to walk you through the process.
What is Family Dispute Resolution and do I have to do it?
Family Dispute Resolution (FDR) is government-funded mediation that helps separated parents agree on care arrangements without going to court. For most non-urgent Parenting Order applications you must show you've attended FDR within the last 12 months, and a free Parenting Through Separation course within the last two years. You are exempted from both where the case is genuinely urgent — for example where a child is at risk. We can explain whether your situation needs them.
Can I get an urgent court order about my children?
Yes. If your children are at risk of serious harm or there's a real safety concern, you can make a "without notice" application to the Gisborne Family Court, and a judge can make an interim parenting order — usually within about 24–48 hours — before the other parent is notified. Urgency also exempts you from the usual FDR and Parenting Through Separation pre-conditions. Because urgent applications are strictly assessed, getting the grounds right matters. Our free Gisborne service can help you understand them — call 0800 461 100.
Is legal aid available for family cases in Gisborne?
Family or civil legal aid can pay for a lawyer in many family cases — including care of children and protection-order matters — depending on your income, your assets, and the merits of your case. Note that legal aid is not available for the divorce/dissolution step itself. A legal aid lawyer helps you apply. The Tairāwhiti Community Law Centre in Gisborne can also give free advice if you meet their criteria. We can point you to both.
Do I need a lawyer, or can I do this myself?
Many people handle a straightforward dissolution or an agreed parenting plan themselves using the Ministry of Justice forms and the free Tairāwhiti Community Law Centre. But contested care of children, relationship-property disputes, and protection orders can be complex, and a without-notice application requires a lawyer's certificate to be filed. It's worth getting free legal information first to understand whether your situation needs a lawyer. Call our free Gisborne service on 0800 461 100 to help you decide.
What's the difference between dissolution and sorting out the kids and property?
They're three separate things. Dissolution (under the Family Proceedings Act 1980) only legally ends the marriage and needs two years apart. Care of your children is decided under the Care of Children Act 2004, and dividing what you own is decided under the Property (Relationships) Act 1976 — and both of those can, and often should, be sorted out long before any divorce. People lose time assuming "the divorce" deals with everything; it doesn't.
Is this service free, and is it confidential?
Our Gisborne service is live now on 0800 461 100, the information is free, with no income test and no web form. To be clear about what it is: we give general legal information, not legal advice, and using it creates no lawyer–client relationship — we are not a law firm. If your situation needs a lawyer, we can help point you to local Gisborne family lawyers or the Tairāwhiti Community Law Centre. Call 0800 461 100 any hour.
Are you a New Zealand-qualified family lawyer practising in Gisborne or across Tairāwhiti — handling care of children, relationship property, dissolution or protection-order matters? Our free Gisborne service is live now on 0800 461 100, and we connect people who've worked through their situation with our assistant to vetted local lawyers for advice and representation. If you'd like to receive matched, consultation-ready enquiries in Tūranganui-a-Kiwa, 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.
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.
Whether you're working out the care of your children, facing a relationship-property split, planning a dissolution, or you need a Protection Order tonight, New Zealand family law has clear rules — and clear deadlines like the two-year living-apart requirement and the fast 24–48 hour urgent track. The sooner you understand where you stand, the more options you keep. Our free Gisborne service is live now on 0800 461 100 to give you clear legal information about your situation in plain English, free and with no lawyer–client relationship, and to point you to the right local help — the Gisborne Family Court, the Tairāwhiti Community Law Centre, or a local lawyer. Call 0800 461 100 any hour. If you're in danger right now, call 111.
Free legal information. Not legal advice.