Maybe you've just separated and you don't know who the children stay with tonight. Maybe you're frightened in your own home in Invercargill and you've heard a protection order can be granted within a day. Maybe you want a divorce but you're not sure you've been apart long enough. New Zealand family law is the same right across the country — the Care of Children Act 2004, the Property (Relationships) Act 1976, the Family Proceedings Act 1980 and the Family Violence Act 2018 — and your case would be heard at the Invercargill (Waihōpai) Family Court on Don Street. Before you sign anything, agree to anything, or assume the worst, get the facts in plain English. This is general legal information, not legal advice, and there's no charge.
Free legal information. Not legal advice. Available 24/7 across Southland.
If you are not safe right now, call 111 — the Police can act immediately and can help you apply for a protection order. Under the Family Violence Act 2018 the Family Court can grant a temporary protection order without notice (without telling the other person first) when delay would cause undue hardship or risk of harm, often within 24 to 48 hours, and that temporary order becomes final by law three months later unless it is challenged. If your worry is the children, no court order is automatic when you separate — you can agree care arrangements yourselves, attend the free Family Dispute Resolution mediation, or ask the Family Court for a parenting order. And if you want a divorce (a "dissolution"), the one hard rule is that you must have been living apart for two years before you can apply. Get the facts for your situation before a deadline or a decision passes you by.
Two things blindside Southland families more than any others. First, you cannot get a divorce in New Zealand until you have been living apart for two full years — there is no agreed fast-track, even if you both want it over tomorrow (Family Proceedings Act 1980). People make plans, sign settlements, or assume they're "already divorced" on a timeline the law simply does not allow. Second, if you are unsafe, you do not have to wait for a hearing with the other person there: the Family Court can grant a temporary protection order without notice — before the other person is even told — when delay would risk harm, often within a day or two (Family Violence Act 2018). Knowing which clock applies to you, and acting before a deadline passes, is where families either keep their options open or lose them. Get the facts for your situation before you decide anything.
If money is tight or you want to handle part of this yourself, Southland and New Zealand have genuinely good free help — official court information, free mediation and parenting courses, the local community law centre, and legal aid for those who qualify. Start with these.
How long do I have to be separated before I can get a divorce in New Zealand?
Two years. Under the Family Proceedings Act 1980, the only ground for a dissolution is that the marriage or civil union has broken down irreconcilably, and the way you prove that is by living apart for two years. You can't shorten it, even if you both agree, although you can live together for up to three months during that time while trying to reconcile without restarting the clock. Once the two years are up you apply to the Family Court (the fee is currently $242). Get the facts for your timeline before you make any plans.
Is New Zealand a no-fault divorce country — does it matter who caused the break-up?
Yes, it's no-fault, and generally no, fault doesn't matter for the divorce itself. There's only one ground — irreconcilable breakdown shown by two years living apart — so you don't plead or prove adultery or cruelty. Who "caused" the separation also doesn't change the basic 50/50 sharing of relationship property. Some conduct can be relevant to safety and to children's arrangements, so it's worth checking your specific facts.
What's the difference between custody and 'day-to-day care' in New Zealand?
New Zealand stopped using "custody" and "access". Under the Care of Children Act 2004 the law now talks about "day-to-day care" (where the child mainly lives and who meets their everyday needs) and "contact" (time with the other parent or another person). Decisions are made on the child's welfare and best interests, not on which parent is more deserving. If you can't agree, arrangements are set out in a parenting order from the Family Court.
How is our property and the family home divided when we separate?
For relationships of three years or more — married, civil union or de facto — the Property (Relationships) Act 1976 presumes equal (50/50) sharing of "relationship property", which usually includes the family home, the car, furniture and assets built up during the relationship, no matter whose name is on the title. Property you brought into the relationship, plus most gifts and inheritances, is usually "separate property" and isn't shared. Equal sharing is departed from only in narrow cases. Don't sign the house away on an assumption — get the facts first.
I'm scared for my safety in Invercargill — how do I get a protection order?
If you're in immediate danger, call 111. Otherwise, under the Family Violence Act 2018 you can apply to the Family Court for a protection order, and if your case is urgent the court can grant a temporary order without notice — before the other person is told — often within 24 to 48 hours. That temporary order becomes final by law after three months unless the respondent challenges it. The Police, Southland Community Law Centre and family lawyers can all help you apply. You do not have to wait for a hearing to be protected.
Do I have to go to court to sort out the children?
Usually not as a first step. The system is designed to keep you out of court where possible. Most separating parents are expected to attend the free Parenting Through Separation course and to try Family Dispute Resolution (FDR) mediation — now free for everyone — before the Family Court will hear a parenting application. Many families reach a workable agreement through those services without a hearing. The court is there if agreement genuinely can't be reached or there are safety concerns.
How much does it cost — are these services really free?
Several genuinely are. Family Dispute Resolution mediation has been free for everyone since 1 July 2025, and the Parenting Through Separation course is free. Southland Community Law Centre and the Citizens Advice Bureau give free information, and family legal aid can pay for a lawyer if you're on a low income (you may have to repay some of it). The main fixed cost is the $242 Family Court fee to apply for a dissolution. This information service is free too — it's general legal information, not legal advice.
How is child support worked out in New Zealand?
Child support is handled by Inland Revenue (IRD) under the Child Support Act 1991, not by the Family Court. IRD uses a formula based on both parents' incomes, the number of children and the amount of care each parent provides, and it can assess and collect payments. Parents can also agree their own arrangement. Because it's formula-driven and very fact-specific, a real figure needs your actual numbers — get the facts before you assume an amount.
We agree on everything — can we just divide things and divorce ourselves?
Partly. You can divide relationship property by agreement, but to be binding under the Property (Relationships) Act 1976 the agreement generally needs to be in writing with each of you getting independent legal advice — otherwise a court can later set it aside. You still can't apply for the dissolution itself until you've been living apart for two years. Agreeing is great and saves money, but getting the agreement done properly is what protects you later.
What about same-sex partners, civil unions and de facto couples?
The same family law applies. The Property (Relationships) Act 1976 covers married, civil union and de facto couples (including same-sex couples) equally, with the same three-year threshold for equal sharing. The Care of Children Act 2004 applies to all parents and guardians regardless of relationship type. Civil unions are dissolved under the Family Proceedings Act 1980 in the same way as marriages, and de facto couples simply end the relationship but still divide property under the same rules.
Is this legal advice, and is it confidential?
This is general legal information, not legal advice, and it does not create a lawyer-client relationship — we're not a law firm. It's meant to help you understand how New Zealand family law works and what your sensible next step is, including the free Southland services available to you. If your matter needs formal advice or court representation, we can help you connect with a New Zealand-qualified family lawyer.
Are you a New Zealand-qualified family lawyer practising in Southland — Invercargill, Gore, Te Anau or across Murihiku? We help people understand their situation under the Care of Children Act, the Property (Relationships) Act and the Family Violence Act, then connect those who need formal advice or representation with local counsel. If you'd like to receive matched, consultation-ready referrals in your region and practice area, get in touch about joining 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.
Separation, care of the children, the family home, a divorce, or your safety — New Zealand family law has clear rules, and the sooner you understand the ones that apply to you, the more options you keep. The two-year divorce clock, the 50/50 sharing rule, the day-to-day care decisions, the protection order you can get without notice — these all turn on facts and timing. Get free, plain-English legal information about your situation in Southland, with no charge and no lawyer-client relationship, and find out which free local service or lawyer is your right next step. One clear conversation is the cheapest, smartest move you can make.
Free legal information. Not legal advice.