Maybe you've just separated and you're trying to work out who the kids live with. Maybe you're worried about your share of the house, or you're scared for your safety tonight in Blenheim, Renwick or Picton. New Zealand family law has firm rules and real deadlines — a two-year separation before you can dissolve a marriage, mandatory Family Dispute Resolution before most parenting cases, a temporary protection order that becomes permanent after just three months if it isn't challenged — and one wrong assumption can cost you money, time or contact with your children. Before you sign anything or agree to anything, get the facts. Our service gives you free, plain-English legal information about how New Zealand family law works, available in your language. This is general legal information, not legal advice — and it costs nothing to ask.
Free legal information. Not legal advice. Available 24/7 across Marlborough.
In New Zealand there is no quick "divorce." A marriage or civil union can only be dissolved on one ground — that it has broken down irreconcilably — and under section 39 of the Family Proceedings Act 1980 that is proved by living apart for two years before you file. You cannot shorten that two years, even if you both agree. (One important 2025 exception: under the new "Ashley's law" rules, a person protected by a final protection order no longer has to wait the two years.) Care of your children is decided separately under the Care of Children Act 2004, where the child's welfare and best interests come first — and you usually must attend Family Dispute Resolution mediation before you can apply for a parenting order. If you are in danger right now, call 111. For everything else, get free legal information first so you understand which rule applies to you before a deadline passes.
Two timing rules blindside almost everyone in New Zealand. First, even a completely agreed split cannot be turned into a dissolved marriage until you have lived apart for two full years (Family Proceedings Act 1980, s 39) — there is no fast-track and no waiver, so people remarry-plan or settle on a timeline that simply doesn't exist. The flip side moves fast: a protection order granted urgently "without notice" is only temporary, but it becomes final and permanent by operation of law three months later unless the other party formally challenges it — so dates matter on both sides. And before you can even ask the Family Court for a parenting order, you usually need a Family Dispute Resolution certificate from the last 12 months. You don't have to work out which clock is ticking for you on your own. Get free, plain-English legal information first — in your language — and pin down your exact dates before one of them passes.
If you want to handle part of this yourself or you can't afford a lawyer, New Zealand has strong free resources — official government guides, your local Community Law Centre, the Citizens Advice Bureau, and government-funded legal aid and advice schemes. Start with these, then ask us if you want to talk it through.
How long does it take to get divorced in New Zealand?
You must have lived apart for two years before you can apply for a dissolution — that's the only ground (irreconcilable breakdown, s 39 of the Family Proceedings Act 1980), and you can't shorten it even if you both agree. Once the two years are up and you file, a joint application is often decided by the Registrar without a hearing within a few weeks. There's a 2025 exception: a person protected by a final protection order no longer has to wait the two years. For free, plain-English information on where your dates fall, just ask.
Do my partner and I have to agree to get divorced?
No. New Zealand dissolution is no-fault and doesn't require both people to agree — once you've lived apart for two years, one of you can apply on your own. A joint application is simpler and usually decided without a hearing, but it isn't required. If your partner can't be found, there are ways to deal with that too. We can give you free legal information on which route fits your situation.
How is property divided when a relationship ends?
Under the Property (Relationships) Act 1976, once a relationship has lasted three years, "relationship property" — usually the family home, family car, household contents and what you built up together — is shared equally, 50/50, no matter whose name is on the title. Property you brought in, plus most gifts and inheritances, is usually separate. Equal sharing is only displaced in narrow cases. The same rules apply to married, civil-union and de facto couples. For how the line falls in your case, ask for free information.
Do the 50/50 rules apply to de facto couples in New Zealand?
Yes — this surprises many people. Once a de facto relationship has lasted three years, the Property (Relationships) Act 1976 generally treats it the same as a marriage, so relationship property is shared equally. For relationships shorter than three years the equal-sharing rules usually don't apply, unless there's a child of the relationship. To check whether your relationship qualifies, get free legal information first.
How do I sort out who the children live with?
Care of children is decided under the Care of Children Act 2004, where the child's welfare and best interests come first. Parents are encouraged to agree care and contact themselves; if you can't, you usually must attend Family Dispute Resolution (FDR) mediation — and hold a signed FDR form from the last 12 months — before applying to the Family Court for a parenting order. FDR isn't required where there's been family violence. For free, plain-English help on the steps, just ask.
What is Family Dispute Resolution and do I have to do it?
Family Dispute Resolution (FDR) is mediation that helps separated parents agree on care arrangements for their children. In most cases you have to attempt FDR — and get a signed FDR form within the previous 12 months — before you can apply to the Family Court for a parenting order. It's not required where there has been family violence, or in genuinely urgent cases. We can explain how FDR works and where to find a provider, for free.
How do I get a protection order in Marlborough?
Under the Family Violence Act 2018 you can apply to the Family Court — the Blenheim Family Court is at 58 Alfred Street, Blenheim — for a protection order, and in an urgent case the court can make a temporary order "without notice," often within a day or two. That temporary order becomes final automatically after three months unless the other party files a defence. If you're in danger right now, call 111 first. Then ask us for free information on the protection-order process step by step.
I've been served with a protection order — what happens now?
A protection order made without notice is temporary, but it becomes final and permanent after three months unless you file a defence — so you need to act quickly if you want to be heard. If you do defend it, the Family Court will hold a hearing on whether a final order should be made. Breaching a protection order, even a temporary one, is a criminal offence. Don't ignore it. Ask us for free legal information on how to respond and where to get a lawyer.
Can I get a divorce faster if there's been family violence?
Possibly. Under "Ashley's law" — the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024, in force from 17 October 2025 — a person who is protected by a final protection order can apply to dissolve their marriage or civil union without waiting the usual two years apart. This is a recent and specific change, so it's worth checking whether it applies to you. Get free legal information on your options.
How much does it cost to apply for a dissolution?
The court filing fee for a dissolution is $242, whether you apply jointly or on your own. If you're on a low income you may be able to ask the court to waive the fee. Legal aid generally isn't available for the dissolution itself, though it can help with other family matters like care of children. For free, plain-English information on costs and fee waivers, just ask.
Is this service free, and is it confidential — do you speak my language?
Yes — getting general legal information from us is free, with no income test and no complicated forms, and we can help in your language. To be clear about what it is: this is general legal information, not legal advice, and it creates no lawyer-client relationship — we're not a law firm. If your situation needs a lawyer, we can help you arrange a paid consultation with a New Zealand-qualified family lawyer in the Marlborough area.
Can the Family Court deal with my finances and my children at the same time?
They're separate processes but they often run alongside each other. Care of children is decided under the Care of Children Act 2004, relationship property under the Property (Relationships) Act 1976, and dissolution under the Family Proceedings Act 1980 — each with its own rules and time limits. You don't have to do them in any fixed order, and you can resolve the home and the children long before (or without) dissolving the marriage. We can explain how the pieces fit together, for free.
Are you a New Zealand-qualified family lawyer practising in Marlborough — Blenheim, Renwick, Picton or the wider district — and handling separation, care of children, relationship property or protection-order work? 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 matched, consultation-ready enquiries in your area and practice, join our network. This is for lawyers only and 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 your children, or you need to be safe tonight, New Zealand family law has firm rules — a two-year wait before dissolution, mandatory mediation before most parenting cases, a three-month protection-order deadline. The sooner you understand which rule applies to you, the more options you keep. Get free, plain-English legal information about your situation now, in your language — with no charge and no lawyer-client relationship — and if you decide you want a lawyer, we can help you arrange a paid consultation with a New Zealand-qualified family lawyer in Marlborough. One free question is the cheapest, fastest move you can make.
Free legal information. Not legal advice.