Maybe your relationship has just ended and you don't know where the children will live, or who keeps the house in Napier or Hastings. Maybe you're frightened and need protection tonight. New Zealand family law runs on real thresholds — a two-year separation before a marriage can be dissolved, a three-year relationship before the equal-sharing property rules bite, a Family Dispute Resolution step you usually have to try before you can ask the Family Court for a parenting order. Get it wrong and you can lose time, money, or precious months with your kids. Before you sign anything or agree to anything, get the facts. Our free service gives you clear legal information on New Zealand family law — the same law that applies right across Hawke's Bay, from Wairoa to Central Hawke's Bay — in plain English. This is general legal information, not legal advice.
Free legal information. Not legal advice. Available 24/7 across Hawke's Bay.
In New Zealand there is no state or regional family law — the same Acts apply everywhere, and in Hawke's Bay your case is heard at the Napier (Ahuriri) Family Court at 251 Hastings Street, Napier. The most urgent thing to know depends on your situation. If you are in danger right now, call 111 — and know that you can apply to the Family Court for a Protection Order under the Family Violence Act 2018 "without notice" (in secret, before the other person is told), and a judge usually decides within two working days. If you are sorting out the children, you usually have to attend Family Dispute Resolution mediation before you can apply for a Parenting Order under the Care of Children Act 2004 — unless it's urgent or there's been family violence. And if you want to dissolve a marriage or civil union, you must have been living apart for two years first. Don't guess which rule applies to you — get free, plain-English legal information first.
Here's what surprises a lot of people. First, you cannot dissolve a marriage or civil union in New Zealand until you have been living apart for two full years (Family Proceedings Act 1980, s39) — there is no fast-track and no waiver, even if you both want it over with today. Second, the way your property is split turns on a three-year line: once a relationship has lasted three years, the equal-sharing rules of the Property (Relationships) Act 1976 apply and the starting point is a 50/50 split — but a relationship of under three years is divided quite differently. People make big decisions — moving out, signing over the house, agreeing who keeps the KiwiSaver — without knowing which clock is running for them. You don't have to work that out alone. Get free, plain-English legal information about exactly how these thresholds apply to your situation in Hawke's Bay before you commit to anything.
If you can't afford a lawyer, or you want to handle part of this yourself, New Zealand has strong free and low-cost help — and Hawke's Bay has its own local Community Law Centre. Start with these official sources, then reach out to us for free if you want to talk it through in plain English.
How long does it take to get divorced in New Zealand?
A Dissolution Order (the New Zealand term for divorce) can only be granted once you have been living apart for two years — that's the only ground, under section 39 of the Family Proceedings Act 1980, and it can't be shortened even if you both agree. From October 2025, a survivor who holds a final Protection Order can apply to dissolve immediately without that wait. The paperwork itself is fairly quick once the two years have passed. Get free, plain-English legal information about where your dates fall before you assume a timeline.
Is family law different in Hawke's Bay from the rest of New Zealand?
No. New Zealand has one national legal system — there are no state, provincial or regional family laws, so the same Acts apply in Napier and Hastings as everywhere else. What's local is the court and the services you use: in Hawke's Bay that's the Napier (Ahuriri) Family Court at 251 Hastings Street, the Hawke's Bay Community Law Centre, and local legal-aid lawyers. Reach out for free and we'll explain how the national law applies to your Hawke's Bay situation.
How is property divided when we split up?
Under the Property (Relationships) Act 1976, once a marriage, civil union or de facto relationship has lasted three years, the starting point is that all 'relationship property' — usually the family home, car, household contents and KiwiSaver built up during the relationship — is divided equally, 50/50, no matter whose name is on the title. Property you brought in or inherited and kept separate is generally not shared. Relationships under three years are divided differently. Get free legal information about which rule fits your relationship before you agree to anything.
Who gets to keep the children after we separate?
New Zealand law no longer talks about 'custody' — it's 'day-to-day care' and 'contact,' set out in a Parenting Order under the Care of Children Act 2004. The Court's first and paramount consideration is the welfare and best interests of the child (section 4), not which parent wants what. Most parents have to try Family Dispute Resolution mediation before they can apply to the Family Court. Get free, plain-English legal information about how care arrangements work in your case.
Do I have to go to mediation before the Family Court?
Usually, yes. Before you can apply for a Parenting Order you generally must attend Family Dispute Resolution (FDR), a mediation run by an approved provider, and complete a Parenting Through Separation course. You can skip the mediation only where the matter is genuinely urgent or where there has been family violence. There's free or subsidised funding for FDR if you qualify. Reach out for free and we'll explain whether the mediation step applies to you.
I'm scared for my safety — how do I get a Protection Order?
If you're in immediate danger, call 111. To get longer-term protection you can apply to the Family Court for a Protection Order under the Family Violence Act 2018. In an urgent case the application can be made 'without notice' — in secret, before the other person is told — and a judge usually decides within two working days. A temporary order becomes a final order automatically after three months unless the respondent challenges it. Breaching a Protection Order is a criminal offence. Get free legal information about how the process works step by step.
What does 'living apart' actually mean for the two-year rule?
It means more than just moving into a different room. To count toward the two-year separation needed for a dissolution, there must be a genuine intention by at least one of you to end the relationship — not simply living separate lives under the same roof or staying together for the children. You can attempt a reconciliation without resetting the clock, but only if the total time back together is no more than three months. Get free, plain-English legal information about whether your separation date counts.
What is FLAS and is it really free?
The Family Legal Advice Service (FLAS) is government-funded free family-law advice for people who qualify on income. A lawyer explains your rights, responsibilities and options, and can help you fill in parenting-order forms — though they can't represent you in court. You can use it once every 12 months. If you don't qualify for FLAS you may still qualify for legal aid. Reach out to us for free first, and we'll point you toward the right service for Hawke's Bay.
Can I get a divorce if my spouse won't agree?
Yes. New Zealand is a no-fault system and a dissolution doesn't need both people to agree — one person can apply once the two-year living-apart requirement is met. You don't have to prove anyone was at fault; the only ground is the irreconcilable breakdown of the marriage, shown by living apart for two years. If you have children under 16, the judge must also be satisfied that proper care arrangements are in place. Get free legal information about your path forward.
Does accident compensation (ACC) affect a family case?
ACC is separate from family law. New Zealand's accident-compensation scheme generally bars suing for personal injury, but that doesn't affect your right to sort out care of children, divide relationship property or get a Protection Order — those run under the family Acts, not the injury system. If your situation overlaps with an injury or benefit issue, we can flag where you also need other advice. Reach out for free, plain-English legal information.
Is this service free and confidential — and is it legal advice?
Yes, the service is free and there's no income test or web form to get through. 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 case needs a lawyer, we can point you toward family-law lawyers and the free services that serve Hawke's Bay, including the Napier Family Court, the Hawke's Bay Community Law Centre and FLAS. Reach out any time.
Are you a New Zealand-registered family-law lawyer practising in Napier, Hastings, Havelock North, Waipukurau or wider Hawke's Bay? We connect people across the region with local lawyers after they've had clear legal information about their separation, their children, their property or their safety. If you'd like to receive matched, ready-to-talk referrals in family law, register your interest to join our network. This is a path for lawyers only — it doesn't 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've just separated, you're worried about the children, you need to divide the house, or you need to be safe tonight, New Zealand family law runs on real thresholds — two years living apart before a dissolution, three years before the equal-sharing property rules, a mediation step before the Family Court. The sooner you understand which one applies to you, the more options you keep. This service is free, in plain English, and built on New Zealand family law as it applies right across Hawke's Bay. You'll get clear legal information about your situation — general information, not legal advice, and no lawyer-client relationship — and if you want a lawyer we can point you to the right local help. Getting the facts is the cheapest, smartest first move you can make.
Free legal information. Not legal advice.