Maybe your relationship has ended and you don't know who the children stay with tonight. Maybe you're frightened of someone in your own home, or you've just been told to leave the house you share. New Zealand family law runs on hard rules — a two-year separation before a marriage can be dissolved, a three-year line that decides whether property is split 50/50, a protection order a judge can grant within a day or two — and one wrong assumption can cost you money, time or contact with your kids. Before you sign anything or agree to anything, get the facts. Our AI assistant is trained on the Care of Children Act 2004, the Property (Relationships) Act 1976, the Family Proceedings Act 1980 and the Family Violence Act 2018, and explains your situation in plain English, in your language. This is general legal information, not legal advice — and we're not a law firm. Our free Nelson hotline is live now on 0800 461 100; this page also explains what New Zealand law says.
Free legal information. Not legal advice. Available 24/7 across Nelson.
If you are in danger right now, call 111 — the New Zealand Police can act immediately and can issue an on-the-spot Police Safety Order to keep someone away from you for up to 5 days. For longer protection, you apply to the Nelson Family Court (200 Bridge Street) for a Protection Order under the Family Violence Act 2018; if a judge agrees your situation is urgent, a Temporary Protection Order can be made "without notice" (before the other person is told), often within 24 to 48 hours, and there is no filing fee. If your worry is the children rather than your safety, day-to-day care and contact are decided under the Care of Children Act 2004, and most parents must first attend the free Parenting Through Separation course and try Family Dispute Resolution before going to court. Don't guess which path is yours — get free legal information first, in plain English.
Here is what surprises most people: in New Zealand, dividing your property and ending your marriage run on two different clocks. Whether the family home is split 50/50 usually turns on a single fact — were you together (married, in a civil union, or in a de facto relationship) for at least three years? Cross that line and the equal-sharing rules in the Property (Relationships) Act 1976 generally apply, even to a de facto couple who never married. Fall short of it and the home may instead be carved up by who contributed what. Separately, you cannot get a divorce (a dissolution order) until you have been living apart for two years — except now where you are a protected person under a protection order. People make plans, sign agreements or move on assuming the wrong clock applies to them. You do not have to work out which rule is yours alone. Our free Nelson hotline is live now on 0800 461 100, and our AI assistant will explain exactly how these thresholds apply to your situation, in plain English.
If you want to handle part of this yourself or you can't afford a lawyer, New Zealand has strong free help — and Nelson is well served. Start with these official and local services, then use our free information line on 0800 461 100 to talk it through.
Is family law different in Nelson from the rest of New Zealand?
No. New Zealand has one national legal system — there are no state or provincial family laws, so the same Acts apply in Nelson as everywhere else. What's local is the court you use (the Nelson Family Court at 200 Bridge Street) and the free local services like Nelson Bays Community Law. The law on care of children, property and divorce is identical nationwide; only the people and places you deal with are local.
How long do I have to be separated before I can get divorced in New Zealand?
Two years. Under section 39 of the Family Proceedings Act 1980, the only ground for a dissolution is irreconcilable breakdown, which the law treats as proven once you've been living apart for at least two continuous years. It's no-fault, so you don't prove who was to blame, and your spouse can't stop it by refusing to agree. A recent reform lets family-violence survivors who are protected persons under a protection order dissolve without the two-year wait.
My partner and I never married — do I have any property rights?
Often yes. The Property (Relationships) Act 1976 treats de facto couples who've been together for at least three years the same as married couples, so relationship property — typically the family home, car and furniture — is usually divided 50/50, regardless of whose name is on it. For relationships under three years the equal-sharing rule generally doesn't apply, and property may be divided by contributions instead. Get free information to see which side of the three-year line you fall on.
How is care of the children decided?
Under the Care of Children Act 2004, day-to-day care and contact are decided by the child's welfare and best interests — that's the first and paramount consideration, not what either parent wants. Parents are usually automatic guardians and share the big decisions. Most parents must attend the free Parenting Through Separation course and try Family Dispute Resolution before a judge will make a Parenting Order. We can explain how this works in plain English before you start.
I'm scared of someone at home in Nelson — what can I do right now?
If you're in immediate danger, call 111 — the Police can act at once and can issue a Police Safety Order to keep the person away for up to 5 days. For longer protection, apply to the Nelson Family Court (200 Bridge Street) for a Protection Order under the Family Violence Act 2018; if a judge agrees it's urgent, a Temporary Protection Order can be made "without notice", often within 24 to 48 hours. There's no filing fee. We can walk you through the process for free.
What's the difference between a Police Safety Order and a Protection Order?
A Police Safety Order is issued by the Police on the spot, without you applying and without a court, and lasts up to 5 days to keep you safe in the short term. A Protection Order is made by the Family Court under the Family Violence Act 2018, can be granted urgently "without notice", and provides ongoing protection — breaching it is a criminal offence. The Safety Order buys time; the Protection Order is the longer-term step. Get free information on moving from one to the other.
Do I need to go to court to sort out our children or property?
Not always. For children, most parents must first attend the free Parenting Through Separation course and try Family Dispute Resolution mediation — many reach an agreement without a judge. For property, couples can divide things by agreement or sign a contracting-out agreement (with independent legal advice) to opt out of the standard 50/50 rules. Court is the path when you can't agree or when there's urgency or safety at stake. We can explain which route fits your situation.
What is separate property, and is it protected?
Separate property is broadly what you owned before the relationship, plus most gifts and inheritances you receive — it's normally kept out of the 50/50 pool under the Property (Relationships) Act 1976. But it can lose that status if it gets mixed into relationship property — for example, an inheritance used to pay down the family home mortgage. Because the line can blur, it's worth getting clear information early. Our free service on 0800 461 100 can explain how the rules apply to your assets.
Can I get free or low-cost legal help in Nelson?
Yes. Nelson Bays Community Law Service (38 Buxton Square, freephone 0800 246 146) gives free legal advice to people on low incomes across Nelson, Tasman and Buller. The Kaiārahi Family Court Navigator (0800 224 733) helps you navigate the process for free. You may also qualify for government legal aid depending on your income and case. And our own free information hotline is live now on 0800 461 100 to talk it through in plain English.
Is this service free, and is it legal advice?
Our free Nelson information line is live now on 0800 461 100, with no income test and no web form, and we can help in your language. To be clear about what it is: Legal Hotline gives general legal information, not legal advice, and using it creates no lawyer-client relationship — we're not a law firm. If your case needs a lawyer, we can help you arrange a paid consultation with a New Zealand-qualified family lawyer in the Nelson region.
What if my family situation also involves immigration or visa issues?
Family law and immigration are separate systems. Your care of children, relationship property and Protection Order matters are decided by the Nelson Family Court under New Zealand family law; visa and residence questions are decided by Immigration New Zealand under the Immigration Act 2009, with appeals to the Immigration and Protection Tribunal. A Protection Order can stand regardless of either person's immigration status. We can give you free information on the family-law side and flag when you also need immigration advice.
Are you a New Zealand-qualified family lawyer practising in Nelson, Tasman or Marlborough — handling care of children, relationship property, dissolution or family violence? We connect people across the top of the South Island with vetted local lawyers after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it doesn't 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.
Whether your relationship has ended, you're worried about your kids, or you need to feel safe at home, New Zealand family law runs on clear rules — a two-year separation before a divorce, a three-year line for splitting property 50/50, a Protection Order a judge can grant within a day or two. The sooner you understand which rules apply to you, the more options you keep. Our free Nelson information line is live now on 0800 461 100, in plain English and in your language — and the free local services on this page can help too. You'll get clear general legal information, with no charge and no lawyer-client relationship, and if you want a lawyer we can help you arrange a paid consultation with a Nelson family lawyer.
Free legal information. Not legal advice.