Maybe you've just separated and you can't agree on where the children live. Maybe three years of a relationship is about to be split in two, or you're frightened to stay another night in your own home in New Plymouth, Hāwera or Stratford. 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 shared equally, a child's safety that overrides almost everything else — and the wrong move can cost you money, time, or time with your kids. Before you sign anything or agree to anything, call us. It's free, our AI assistant is trained on the Care of Children Act, the Property (Relationships) Act and the Family Violence Act, and we'll talk it through in plain English, in your language. This is general legal information, not legal advice — and there's no charge to call.
Free legal information. Not legal advice. Available 24/7 across Taranaki.
If you're in danger right now, call 111 first. You can then apply to the Family Court for a Protection Order under the Family Violence Act 2018 — and if the Court agrees your case is urgent, it can grant a temporary Protection Order "without notice" (without warning the other person), usually within about two working days, based on your statement alone. That temporary order becomes final by law three months later unless the respondent objects. If instead your urgent problem is the children, most parents must first try Family Dispute Resolution (free, government-funded mediation since 1 July 2025) and usually a Parenting Through Separation course before the Family Court will hear a parenting dispute — but genuine urgency or safety concerns can let you go straight to court. Either way, don't guess which path is yours. Call us free, any time, and we'll walk you through exactly what applies to your situation.
Here is what blindsides most people in Taranaki. First, even a fully agreed divorce cannot be finalised until you have lived apart for two years (Family Proceedings Act 1980, s 39) — there is no fast-track and no waiver, so people make remarriage or financial plans on a timeline that does not legally exist. Second, the Property (Relationships) Act draws a hard line at three years: cross it and the family home is presumed split 50/50; fall short and the split may turn on contributions instead — a difference that can mean tens of thousands of dollars. Many people also do not realise that, for the children, you usually have to try Family Dispute Resolution mediation before the Family Court will even hear you. You do not have to work out which rule bites first on your own. Call us free, any hour, in your language, and we will pin down the dates and thresholds that actually apply to you before they cost you.
If you want to handle part of this yourself, or you can't afford a lawyer, New Zealand has strong free resources — official Ministry of Justice guidance, free mediation, your local community law centre, and legal aid. Start with these, then call us free if you want to talk it through.
How long does it take to get divorced in New Zealand?
Before you can apply for a dissolution order, you must have lived apart for at least two years — that's the only ground (irreconcilable breakdown) under section 39 of the Family Proceedings Act 1980, and you can't shorten it even if you both agree. Once the two years are up, the paperwork itself is usually straightforward. A short attempt to get back together (no more than three months in total) doesn't reset the clock. To work out exactly when your two years are met, call us free, any time, and we'll map your timeline in plain English.
We've just separated and can't agree on the kids — what do we do first?
For most parents the first step isn't the court — it's Family Dispute Resolution (FDR), a free government-funded mediation service, and usually the free Parenting Through Separation course. You generally can't apply to the Family Court for a Parenting Order until you've tried FDR, unless your case is genuinely urgent or there's a safety risk. The Care of Children Act 2004 talks about "day-to-day care" and "contact," and the child's best interests come first. Call us free, any hour, and we'll explain which step applies to you.
How is property divided when a relationship ends in New Zealand?
Under the Property (Relationships) Act 1976, if your marriage, civil union or de facto relationship lasted at least three years, relationship property — typically the family home, the family car and assets built up during the relationship — is presumed to be split equally, 50/50, no matter whose name is on the title. Property you owned before the relationship, plus most gifts and inheritances, is usually separate property and kept out. For relationships under three years the rules can be quite different. Call us free to understand where your line falls.
Does it matter who caused the breakup or that my partner cheated?
Legally, almost never. New Zealand is a no-fault country — the only ground for dissolution is irreconcilable breakdown shown by two years apart, and you don't have to prove anyone was at fault. Who caused the split is generally irrelevant to both the divorce and how property is divided. There are narrow exceptions, especially where family violence affects care of children. Call us free and we'll tell you what actually changes the outcome.
I'm scared for my safety — how do I get a Protection Order in Taranaki?
If you're in danger right now, call 111. You can apply to the Family Court (sitting at New Plymouth or Hāwera) for a Protection Order under the Family Violence Act 2018. If the Court accepts your case is urgent, it can make a temporary order "without notice" — without warning the other person — usually within about two working days, based on your statement. That temporary order becomes final by law three months later unless the other person objects. Call us free to understand the process step by step.
What does a Protection Order actually do?
A Protection Order under the Family Violence Act 2018 typically stops the other person from being violent towards you or threatening you, and from contacting or coming near you, with standard non-contact and non-violence conditions built in. Breaching a Protection Order is a criminal offence — police can arrest the person, and repeated breaches can lead to imprisonment. It can also affect firearms. To understand which conditions would apply to your situation, call us free, any time.
Do I have to go to court to sort out the children?
Often, no. Many parents reach a private parenting agreement through Family Dispute Resolution mediation without ever going to court. You can keep that as a private agreement, or take it to the Family Court to be turned into a Parenting Order, which makes it formally enforceable. Court is usually a last resort for parents who can't agree, or where there are safety concerns. Call us free and we'll explain whether your situation is likely to need the Family Court at all.
What's the difference between 'day-to-day care' and 'custody'?
New Zealand law dropped the word "custody." The Care of Children Act 2004 instead uses "day-to-day care" (where the child mainly lives and who looks after their everyday needs) and "contact" (the time the child spends with the other parent). Both parents usually remain guardians, making big decisions together, regardless of who has day-to-day care. The child's welfare and best interests come first in every decision. Call us free if you'd like this explained for your family.
Can I get a divorce if my spouse won't agree or has left the country?
Yes. Because New Zealand is no-fault, one person can apply for a dissolution — your spouse's consent isn't required. As long as you've lived apart for two years and at least one of you is domiciled in New Zealand, the application can proceed, and there are ways to serve someone who has left the country or won't respond. Call us free and we'll explain the path that fits your situation.
I can't afford a lawyer — what free help is there in Taranaki?
Quite a lot. The Taranaki Community Law Centre in New Plymouth offers free legal help for people who can't afford a lawyer, Family Dispute Resolution mediation is free, the Parenting Through Separation course is free, and you may qualify for legal aid (government funding for a lawyer, which can be a loan you repay depending on your means). The Citizens Advice Bureau can also point you in the right direction. Call us free and we'll match you to the right starting point.
Is this service free and confidential — and can you help in my language?
Yes — the call is free, with no income test and no web form, and we can help in your language. To be clear about what it is: we give general legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not a community law centre. If your matter needs a lawyer, we'll point you to the right local help, including the Taranaki Community Law Centre and legal aid. Call any time.
Are you a New Zealand-qualified family lawyer practising in Taranaki — New Plymouth, Hāwera, Stratford or across the region — handling care of children, relationship property, dissolution or family-violence matters? We help people across Taranaki who have spoken with our assistant find their way to the right local lawyer. If you'd like to receive matched, consultation-ready enquiries in your area and practice type, register your interest to join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.
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 separated, you're worried about the children, or you need to be safe tonight, New Zealand family law runs on firm rules — two years apart before a divorce, a three-year line that decides how property is split, mediation before the Family Court, urgent Protection Orders for those at risk. The sooner you understand which rule applies to you, the more options you keep. Call us — it's free and available in your language. You'll get clear, general legal information about your situation, with no charge and no lawyer-client relationship, and we'll point you to the right local help in Taranaki, including the Family Court at New Plymouth or Hāwera, the Taranaki Community Law Centre, and legal aid. If you're in immediate danger, call 111 first.
Free legal information. Not legal advice.