Maybe you've just separated and don't know where your children will live. Maybe you're frightened in your own home, or you've been served with Family Court papers and don't understand them. New Zealand family law runs on real thresholds — a two-year living-apart rule before you can dissolve a marriage, a three-year relationship before property is shared equally, a temporary protection order that becomes permanent in three months — and getting a date or a form wrong can cost you money, time, or time with your kids. Before you sign anything or assume the worst, get the facts. Our AI assistant is trained on New Zealand family law — the Care of Children Act 2004, the Property (Relationships) Act 1976, the Family Proceedings Act 1980 and the Family Violence Act 2018 — and explains it in plain English. This is general legal information, not legal advice. Right now there's no Otago phone line live yet — but you can still get clear answers here.
Free legal information. Not legal advice. Available 24/7 across Otago.
New Zealand has one national family law, applied locally through the Family Court — in Otago that is the Dunedin (Ōtepoti) Family Court at the corner of Stuart and Dunbar Streets, Dunedin (entrance on Dunbar Street). If you are in danger right now, you can apply to the Family Court for a Protection Order under the Family Violence Act 2018 "without notice" — the court can grant a temporary order the same or next day, and that temporary order automatically becomes a final, permanent order three months later unless the other person formally challenges it. If your dispute is about who your children live with or see, you usually must try Family Dispute Resolution (FDR) mediation — free for eligible parents — before you can apply to the Family Court for a parenting order. If you're in immediate danger, call 111 first. For everything else, get the facts on your exact situation before a date passes.
Here's what surprises people most in New Zealand: a Protection Order you get urgently "without notice" is only temporary at first — but you don't have to do anything more to keep it. Under the Family Violence Act 2018, that temporary order automatically becomes a final, permanent order three months after it is made, unless the other person formally tells the court they want to be heard. If they do challenge it, a hearing must be set quickly. The opposite trap catches couples who want to divorce: you generally cannot apply to dissolve a marriage until you have been living apart for two years, so people who assume they can "get divorced quickly" lose months they didn't plan for. (A 2024 change lets victims of family violence skip that two-year wait.) Knowing which clock applies to you — and when it starts — matters before a date passes. Get clear answers about your own situation, in plain English, free.
New Zealand has strong free and low-cost help for family-law problems, and several of these services operate right here in Otago. Start with these official and community resources, then get free information here if you want to talk it through.
How long do I have to wait to get divorced in New Zealand?
In most cases, two years. Under the Family Proceedings Act 1980 a marriage or civil union can only be dissolved on the ground that it has broken down irreconcilably, and that is proved by living apart for two years before you file. There is no fault-based shortcut. One important exception added in 2024 lets a person who is protected by a Protection Order against their spouse apply without waiting the full two years. To check which timeline applies to you, get free information about your own situation.
Where do I deal with family law matters in Otago?
In the Dunedin (Ōtepoti) Family Court, which is part of the District Court and sits in the courthouse at the corner of Stuart and Dunbar Streets, Dunedin (the entrance is on Dunbar Street). The same complex also houses the District Court and High Court. New Zealand has one national family law, so the rules are the same everywhere — what's local is the court you file in and the services that can help you, like Community Law Otago.
How is property divided when a relationship ends?
Under the Property (Relationships) Act 1976, once a marriage, civil union or de facto relationship has lasted three years, relationship property is generally shared equally — 50/50 — including the family home, regardless of whose name is on it. Relationships shorter than three years are usually divided by each person's contributions instead. Separate property you brought into the relationship is normally kept out, but it can become shared if it's mixed in. For how the line falls in your case, get free information here.
Does it matter who caused the break-up or that my partner cheated?
Legally, almost never. New Zealand divorce is no-fault — the only ground is irreconcilable breakdown, proved by living apart for two years, and you cannot plead adultery or cruelty. Conduct is also generally irrelevant to how relationship property is shared. There are narrow situations where behaviour matters — for example, family violence is highly relevant to safety, care of children and protection orders. Get free information to find out what actually affects your outcome.
How do I arrange where my children will live?
Parents are encouraged to agree on care arrangements themselves. If you can't, you usually must attend Family Dispute Resolution (FDR) mediation — free for eligible parents — before you can apply to the Family Court for a parenting order under the Care of Children Act 2004. The court decides "day-to-day care" and "contact" by the child's welfare and best interests, which are the first and paramount consideration. Get free information about the steps that fit your situation.
What is Family Dispute Resolution and do I have to do it?
Family Dispute Resolution (FDR) is a mediation service that helps separated parents reach agreement about the care of their children. For most parenting disputes you must try FDR before you can apply to the Family Court — and it is free for eligible parents, with partial funding for others. There's an exception where there has been family violence. We can explain how FDR works and whether you're likely to qualify for free mediation.
I'm scared for my safety — how do I get a protection order?
You can apply to the Family Court for a Protection Order under the Family Violence Act 2018, and in urgent cases the court can grant a temporary order "without notice" — often the same or next day. That temporary order automatically becomes a final, permanent order three months later unless the other person challenges it; if they do, the court sets a hearing quickly. Breaching a Protection Order is a criminal offence. If you're in immediate danger, call 111 first, then get free information about the process step by step.
I've been served with a protection order — what are my rights?
You have the right to be heard. A "without notice" Protection Order is temporary at first, but it becomes permanent three months after it's made unless you formally notify the court that you want to challenge it — and if you do, a hearing must be set quickly. Ignoring it doesn't make it go away, and breaching it is a criminal offence. The stakes are serious, so don't let the deadline pass. Get free information about how to respond, and consider speaking with a family lawyer or Community Law Otago.
Can I get a divorce if my spouse won't agree or has left the country?
Yes. New Zealand divorce is no-fault and doesn't need both people to agree — one person can apply once the two-year living-apart requirement is met. If your spouse can't be located, the court has ways to deal with serving the papers, and the dissolution can still go ahead. The key is meeting the two-year separation ground (or qualifying for the family-violence exception). Get free information about the path that fits your circumstances.
Do de facto and same-sex couples have the same rights as married couples?
For dividing property, generally yes. The Property (Relationships) Act 1976 applies the same equal-sharing rules to married, civil-union and de facto couples — including same-sex couples — once the relationship has lasted three years. De facto couples don't get "divorced" (there's no marriage to dissolve), but they have the same relationship-property and care-of-children rights. Get free information about how the rules apply to your relationship.
Is this free, and is it confidential?
Yes — getting general legal information here is free and confidential. To be clear about what it is: this service gives legal information, not legal advice, and it does not create a lawyer-client relationship — we're not a law firm. There isn't a live Otago phone line yet, so we'll never ask you to "call now" or give you a number that doesn't exist. If your case needs a lawyer, we can point you to local family-law help in Otago, and free services like Community Law Otago are available too.
What if my family law issue also involves immigration?
Family law and immigration are separate systems. Your separation, care-of-children and protection-order matters are decided by the Family Court under New Zealand family law; immigration status is decided by Immigration New Zealand under the Immigration Act 2009, with appeals to the Immigration and Protection Tribunal — not the family judge. A Protection Order can stand on its own 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 an Otago family lawyer handling separation, care of children, relationship property or family-violence matters in Dunedin, Queenstown, Oamaru, Balclutha or across the region? We connect people with vetted local lawyers after they've had free information about their situation. If you'd like to receive matched, consultation-ready enquiries in your area and practice, register your interest to join our network as we expand across New Zealand. This is a path for lawyers only — it does not 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 you've just separated, you're worried about the care of your children, or you need to be safe tonight, New Zealand family law runs on real thresholds — a two-year wait to dissolve a marriage, a three-year rule for sharing property, a protection order that turns permanent in three months. The sooner you understand which one applies to you, the more options you keep. Get clear, plain-English legal information about your situation now — it's free, and it creates no lawyer-client relationship. If you're in immediate danger, call 111. If you want a lawyer, we can point you to local family-law help across Otago, and free services like Community Law Otago are there too. Knowing where you stand is the cheapest, fastest move you can make.
Free legal information. Not legal advice.