Divorce, Care of the Kids or a Protection Order in Tasman? Get a Free Answer.
Maybe the relationship is over and you don't know who keeps the house. Maybe you're worried about where the children will live. Maybe you're scared to stay another night. New Zealand family law runs on real thresholds and timeframes — a two-year separation before you can dissolve a marriage, a three-year line that triggers equal sharing of property, a Family Court that can grant emergency protection within 24 to 48 hours. Before you sign anything or agree to anything, get clear legal information. Our service is built for Tasman and the wider Nelson–Tasman district, and our AI assistant is trained on New Zealand family law — the Care of Children Act, the Property (Relationships) Act and the Family Violence Act. We'll talk it through in plain English. This is general legal information, not legal advice.
Free legal information. Not legal advice. Available 24/7 across Tasman.
Family Law in Tasman — what to do right now
If you've just separated, the first thing to know is that New Zealand divorce is no-fault and there is no quick version: under section 39 of the Family Proceedings Act 1980 you can only dissolve a marriage or civil union after you have been living apart for two years. (Since 17 October 2025, a narrow exception lets people who hold a final protection order against their partner skip that wait.) If instead you're in danger right now, you can apply to the Nelson (Whakatū) Family Court — which serves Tasman and Richmond — for a protection order under the Family Violence Act 2018, and in an urgent case a judge can grant a temporary "without notice" order, often within 24 to 48 hours. Either way, don't guess at the forms or the timeframes. Call 0800 461 100 to get free legal information about exactly which step applies to you. If you're in immediate danger, call 111 now.
The law in Tasman: Family Law
New Zealand has one national legal system — there are no state or provincial family laws, so the law in Tasman is the same as in Auckland or Christchurch. What changes locally is where you go: for Tasman and Richmond, that is the Nelson (Whakatū) Family Court at 200 Bridge Street, Nelson, and free help from the Nelson Bays Community Law Centre, which covers the Nelson, Tasman and Buller districts. The Family Court (a division of the District Court) hears divorce, care of children, relationship property and family-violence matters.Ending a marriage is governed by the Family Proceedings Act 1980. The only ground for a dissolution order is the irreconcilable breakdown of the marriage or civil union (section 39), and the law treats two years of living apart as proof of that breakdown. "Living apart" does not always mean living in different houses — it means living separate lives — but the two-year clock is the gate, and a court cannot dissolve a marriage before it runs (except, since 17 October 2025, where the applicant holds a final protection order against the other party, under the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024). You do not need your spouse's agreement to get a divorce.
Dividing what you own is governed by the Property (Relationships) Act 1976, and it turns on one bright line: three years. Married, civil-union and de facto couples who have been together for at least three years are covered by the equal-sharing rules, so relationship property — typically the family home, the family car, furniture and assets built up during the relationship — is presumed to be split 50/50, regardless of whose name is on the title. The court can depart from a 50/50 split only in narrow situations (for example, where equal sharing would be "repugnant to justice" because of extraordinary circumstances). Property you brought into the relationship, plus most gifts and inheritances, is usually separate property. For relationships shorter than three years, the Act generally divides property by each person's contributions instead.
Children are governed by the Care of Children Act 2004, and the only thing that counts is the child's welfare and best interests — not the parents' fault. The old words "custody" and "access" are gone; the Family Court now makes parenting orders dealing with day-to-day care (where a child lives) and contact (time with the other parent). In most cases you cannot apply for a parenting order until you have tried Family Dispute Resolution (FDR) mediation, which has been free for everyone who needs it since 1 July 2025 (up to 12 hours through Fair Way), and you usually must have done a Parenting Through Separation course. Once a final parenting order is made, it generally cannot be varied within two years without the court's leave. Safety still comes first: family-violence protection orders are made under the Family Violence Act 2018, and in an urgent case the court can grant a temporary order "without notice," which becomes final three months later unless the other person objects. All of this is information you can get for free — how it applies to your facts is a conversation for a New Zealand lawyer.
Key Statutes (New Zealand)
- Family Proceedings Act 1980, s39 — no-fault dissolution; two years living apart required
- Family Proceedings (Dissolution... for Family Violence) Amendment Act 2024 — protection-order holders skip the two-year wait (from 17 Oct 2025)
- Property (Relationships) Act 1976 — 50/50 equal sharing once a relationship reaches three years
- Care of Children Act 2004 — parenting orders for day-to-day care and contact, on the child's best interests
- Family Violence Act 2018 — protection orders, including urgent temporary orders made without notice
- Family Dispute Resolution (FDR) — mediation usually required before a parenting-order application
Courts & Services (Tasman / Nelson–Tasman)
- Nelson (Whakatū) Family Court, 200 Bridge Street, Nelson — divorce, care of children, relationship property and protection orders for Tasman and Richmond
- Nelson (Whakatū) District Court — the broader criminal and civil court for the district
- Nelson Bays Community Law Centre, 38 Buxton Square, Nelson — free legal help across the Nelson, Tasman and Buller districts
- Kaiārahi Family Court Navigator (Nelson–Tasman) — free help to find your way through the Family Court process
- Fair Way / FDR mediation providers — free Family Dispute Resolution for parenting disputes
Thresholds & Timeframes
- Two years living apart before a marriage or civil union can be dissolved (s39)
- Three years together is the line that triggers 50/50 equal sharing of relationship property
- A temporary protection order can be granted without notice, often within 24–48 hours in an urgent case
- A without-notice protection order becomes final three months later unless the respondent objects
- A final parenting order generally cannot be varied within two years without the court's leave
The two-year clock and the three-year line nobody explains until it costs you
Here's what blindsides people in New Zealand. Divorce isn't quick: you cannot dissolve a marriage until you've been living apart for two years (section 39 of the Family Proceedings Act 1980), no matter how amicable the split. Many people don't realise the clock has started — or hasn't — until they try to move on. Meanwhile, property runs on a different number entirely: hit three years together and the law presumes a straight 50/50 split of the family home and other relationship property, even if only one of you paid for it. Couples who separate just before or just after that three-year mark can be in completely different positions without knowing it. And if children are involved, you usually have to complete Family Dispute Resolution mediation before the Family Court will even look at a parenting application. You don't have to work out which threshold applies to you on your own. Free legal information on your exact situation is a phone call away on 0800 461 100.
Likely outcomes & penalties
Family law outcomes aren't fines or jail — they're about money, the family home and the care of your children. In New Zealand many of them run on clear thresholds. Here's the realistic range of what's at stake.Mistakes to avoid
How it works
Free & low-cost Family Law help in Tasman
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 guides, free community law help in the Nelson–Tasman district, free mediation for parenting disputes, and legal aid for those who qualify. Start with these.
FAQ — Family Law in Tasman
How long does a divorce take in New Zealand?
You can't apply to dissolve a marriage or civil union until you've been living apart for two years — that's the gate set by section 39 of the Family Proceedings Act 1980. New Zealand divorce is no-fault, and "living apart" can include living separate lives even under the same roof. Since 17 October 2025, someone who holds a final protection order against their partner can apply without that two-year wait. Call 0800 461 100 to get free legal information on where your two-year clock stands.
Do I need my partner's agreement to get divorced?
No. New Zealand divorce is no-fault, so one person can apply for a dissolution once the two-year living-apart requirement is met — your spouse can't stop it by refusing to agree. What they can do is dispute related issues like care of the children or how property is divided, which are handled separately. We can give you free legal information about the process; how it applies to you is a matter for a New Zealand lawyer.
Who gets the house when we split up in Tasman?
Under the Property (Relationships) Act 1976, once a relationship has lasted at least three years the family home is usually relationship property and is shared 50/50 — regardless of whose name is on the title. Property you brought into the relationship, and most gifts and inheritances, is usually separate property. For relationships under three years, the law generally divides by each person's contributions. The exact line in your case is worth checking with a lawyer.
How are arrangements for the children decided?
Under the Care of Children Act 2004 the Family Court decides based only on the child's welfare and best interests — not on who was at fault. Instead of "custody" and "access," the law now talks about day-to-day care and contact. In most cases you must try Family Dispute Resolution mediation before applying for a parenting order. Call 0800 461 100 to get free legal information on how this works for your family.
What is Family Dispute Resolution, and do I have to do it?
Family Dispute Resolution (FDR) is mediation that helps separated parents try to agree on care of the children with an independent mediator. In most cases you must have attended FDR before you can apply to the Family Court for a parenting order, and you usually need to have done a Parenting Through Separation course too. Since 1 July 2025 FDR has been free for everyone who needs it, with up to 12 hours available.
I'm scared at home — how do I get a protection order?
You can apply to the Nelson (Whakatū) Family Court, which serves Tasman and Richmond, for a protection order under the Family Violence Act 2018. If your case is urgent, a judge can grant a temporary order "without notice" — meaning before the other person is told — often within 24 to 48 hours. That temporary order becomes final after three months unless the other person objects. If you're in immediate danger, call 111 first, then seek free legal information on the protection-order process.
I've been served with a protection order — what now?
You have the right to respond. A protection order made without notice is temporary and will become final automatically three months after it's made unless you properly object within the time the law allows, in which case the court holds a hearing. The consequences are serious — it can bar contact, remove you from the home and affect firearms and parenting. Don't ignore it and don't breach it. Get legal advice promptly; the Nelson Bays Community Law Centre offers free help.
Does it matter who caused the break-up?
Generally, no. New Zealand family law is no-fault: dissolution turns on two years of living apart, property division turns on the three-year equal-sharing rule, and care of children turns on the child's best interests — not on blame. Family violence is a clear exception that affects safety and parenting decisions. Arguing about who was "at fault" usually doesn't change the outcome and just adds cost.
Where do I go for family court matters in Tasman?
For Tasman and Richmond, family matters go to the Nelson (Whakatū) Family Court at 200 Bridge Street, Nelson — it handles divorce, care of children, relationship property and protection orders. For free help, the Nelson Bays Community Law Centre at 38 Buxton Square, Nelson (phone 0800 246 146) serves the Nelson, Tasman and Buller districts. A Kaiārahi Family Court Navigator can also help you find your way through the process.
Can I get free or subsidised legal help?
Yes, several ways. The Nelson Bays Community Law Centre gives free legal help across the Nelson–Tasman district. Family Dispute Resolution mediation is free (up to 12 hours). And family or civil legal aid may cover a lawyer if you qualify on income, assets and the merits of your case — many family matters, including care of children and family violence, are covered. We can point you to the right one for your situation.
Is this a law firm, and is it free?
No — Legal Hotline is not a law firm and does not replace a lawyer. We give general legal information, not legal advice, and talking with us creates no lawyer-client relationship. The service is live now in New Zealand on 0800 461 100, free and any hour. You can get free legal information and, if you need one, be pointed to a New Zealand family lawyer.
New Zealand family lawyers: join our network
Are you a New Zealand-qualified family lawyer handling separation, relationship property, care of children or family-violence matters? Our free service is live now in New Zealand on 0800 461 100, and we connect a network of local lawyers with consultation-ready referrals after callers have spoken with our assistant — including people in Tasman, Richmond, Nelson and the wider Nelson–Tasman district. If you'd like to receive matched referrals in your area and practice, register your interest. 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.
Sources & further reading
- Family Proceedings Act 1980, s39 (dissolution: irreconcilable breakdown) — NZ Legislation
- Property (Relationships) Act 1976 — NZ Legislation
- Care of Children Act 2004 — NZ Legislation
- Family Violence Act 2018 — NZ Legislation
- Nelson (Whakatū) Family Court — Ministry of Justice
- Nelson Bays Community Law Centre
- Can I get family or civil legal aid? — Ministry of Justice
Free family law answers for Tasman — call 0800 461 100
Whether you've just separated, you're worried about the children, or you need to be safe at home, New Zealand family law runs on real thresholds — two years living apart to dissolve a marriage, three years together to trigger equal sharing, mediation before a parenting order, and urgent protection orders within days. The sooner you understand where you stand, the more options you keep. Our free Tasman service is live now on 0800 461 100: you'll get clear, free legal information about your situation, with no charge and no lawyer-client relationship, and if you want a lawyer we can point you to a New Zealand family lawyer. This is general legal information, not legal advice. If you're in immediate danger, call 111.
Free legal information. Not legal advice.