Wellington Family Law Help | Free Legal Info, Divorce & Care of Children

Family Law in Wellington — what to do right now

If you've just separated, the single most important fact in New Zealand is this: you cannot get a dissolution (divorce) until you have been living apart for two years (Family Proceedings Act 1980, s 39), and that two-year clock cannot be shortened even if you both agree — the only ground is "irreconcilable differences" shown by two years apart. But you do NOT have to wait two years to sort out the children, the money or your safety. Care arrangements are decided under the Care of Children Act 2004 (in Wellington, through the Wellington Family Court at 43–49 Ballance Street), relationship property under the Property (Relationships) Act 1976, and if you are in danger you can apply for a Protection Order — including a temporary order made "without notice" that a judge can grant within 24–48 hours under the Family Violence Act 2018. If you're in immediate danger, call 111 first. Then get free legal information on exactly which order and which timeframe applies to you.

The law in Wellington: Family Law

New Zealand has one national legal system — there is no state or regional family law. The same Acts apply in Wellington as in Auckland or Christchurch; what is local is the court that hears your case (the Wellington Family Court, sitting at 43–49 Ballance Street, part of the District Court of New Zealand) and the local services that help you. So "Wellington family law" means New Zealand family law, applied through your local Family Court and local support.

Divorce is governed by the Family Proceedings Act 1980. New Zealand has had no-fault divorce since that Act came into force — you cannot, and do not need to, prove adultery, abuse or fault. The only ground for a dissolution order is that the marriage or civil union has broken down irreconcilably, and the law treats that as proven by the couple having lived apart for two years (s 39). That two-year period is a hard floor and cannot be waived, even by agreement. One important recent change: from 17 October 2025, a new s 39A (inserted by the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024) lets a person who holds a final Protection Order against their spouse or partner apply for a dissolution without waiting the full two years. If there are children under 16, the court must also be satisfied that proper arrangements have been made for their care before granting the order.

Care of the children is decided under the Care of Children Act 2004. New Zealand no longer uses the words "custody" and "access" — the law speaks of "day-to-day care" (where the child lives) and "contact" (time with a parent or other person who does not have day-to-day care). The child's welfare and best interests are the first and paramount consideration. The Family Court can make a parenting order setting out day-to-day care and contact, but for most disputes you must first try Family Dispute Resolution (FDR) mediation and usually attend the free Parenting Through Separation course before you can apply to court — unless there has been family violence, in which case you can go straight to court.

Relationship property is divided under the Property (Relationships) Act 1976. For married couples, civil union partners and de facto partners who have been together for at least three years, the starting point is that "relationship property" — typically the family home, the family car, joint savings, and assets and income built up during the relationship — is shared equally (50/50), regardless of whose name is on the title. Property owned before the relationship, plus most gifts and inheritances, is usually "separate property" and kept by the owner. For relationships under three years, special rules apply and equal sharing may not. Family violence is dealt with under the Family Violence Act 2018: a Protection Order can be applied for in the Family Court, and where delay would cause undue hardship a judge can grant a temporary order "without notice" (often within 24–48 hours) which becomes final by operation of law three months later unless the respondent challenges it. Police can also issue an on-the-spot Police Safety Order for immediate short-term protection. 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 Legislation (New Zealand — nationwide)

Family Proceedings Act 1980, s 39 — dissolution only on irreconcilable breakdown, shown by living apart 2 years (cannot be shortened)
Family Proceedings Act 1980, s 39A — from 17 Oct 2025, holders of a final Protection Order can divorce without the 2-year wait
Care of Children Act 2004 — day-to-day care and contact; child's welfare and best interests paramount
Property (Relationships) Act 1976 — equal (50/50) sharing of relationship property after 3 years together
Family Violence Act 2018 — Protection Orders, including temporary orders granted 'without notice'

Courts & Services (Wellington)

Wellington Family Court, 43–49 Ballance Street, Wellington — divorce, care of children, relationship property and Protection Orders
District Court of New Zealand — the Family Court sits as a division of the District Court
Family Dispute Resolution (FDR) — mediation; free since 1 July 2025; usually required before applying to court
Parenting Through Separation (PTS) — free 4-hour Ministry of Justice course for separating parents
New Zealand Police — call 111 in an emergency; police can issue a Police Safety Order on the spot

Timeframes & Thresholds

2 years living apart before a dissolution can be granted (s 39) — unwaivable
3 years together is the threshold for equal sharing under the Property (Relationships) Act 1976
A temporary Protection Order can be granted 'without notice', often within 24–48 hours
A temporary Protection Order becomes final 3 months after it is made, unless challenged
Arrangements for children under 16 must be settled before a dissolution order is granted

The two-year wait nobody warns you about — and the things you don't have to wait for

Here's what blindsides almost everyone in New Zealand: you cannot be formally divorced until you and your spouse have been living apart for two years (Family Proceedings Act 1980, s 39), and there is no fast-track and no waiver — even if you both want it done tomorrow. People put their lives on hold because they think nothing can happen until the divorce comes through. But the divorce is the LAST piece. You do not have to wait two years to sort out who the children live with, to divide the house and KiwiSaver, or to get a Protection Order if you're not safe — those run on their own, much faster, timeframes under separate Acts. And since 17 October 2025, if you hold a final Protection Order against your partner, you may not have to wait the two years at all. You don't have to figure out which clock applies to you alone. Get free, plain-English legal information — in your language — before you put anything on hold that doesn't need to be.

Likely outcomes & penalties

Family law outcomes aren't criminal penalties — they're decisions about your children, your property and your safety. In New Zealand many of them run on clear statutory rules. Here's the realistic range of what's at stake.

Care of the children

The Family Court decides day-to-day care and contact under the Care of Children Act 2004, with the child's welfare and best interests paramount. Most parents must first try free Family Dispute Resolution mediation and the free Parenting Through Separation course before applying for a parenting order.

Relationship property

After three years together, relationship property — usually the family home, car, joint savings and assets built up during the relationship — is shared equally (50/50) under the Property (Relationships) Act 1976, no matter whose name is on the title. Property owned before the relationship and most inheritances stay separate.

Dissolution (divorce)

A dissolution order can only be granted after two years living apart (s 39), and only once arrangements for any children under 16 are settled. From 17 October 2025, holders of a final Protection Order can apply without the two-year wait (s 39A).

Protection Order

Under the Family Violence Act 2018 the Family Court can make a Protection Order; where delay would cause undue hardship, a temporary order can be granted "without notice", often within 24–48 hours. It becomes final three months later unless the respondent challenges it. Breaching a Protection Order is a criminal offence.

Mistakes to avoid

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Believing nothing can be sorted until the divorce comes through — in New Zealand the dissolution is the last step and needs two years apart, but care of the children, property and protection are all decided separately and far sooner.

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Assuming the two-year separation period can be shortened by agreement — it cannot (s 39); the only recent exception is for holders of a final Protection Order from 17 October 2025.

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Thinking who "caused" the break-up affects the property split — New Zealand is no-fault, and relationship property is shared equally after three years regardless of conduct.

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Going straight to court over the children when the law usually requires you to try Family Dispute Resolution mediation first (unless there has been family violence) — skipping that step can get your application bounced.

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Treating a "without notice" temporary Protection Order as the end of it — it becomes final after three months only if it isn't challenged, and there will be a hearing if the respondent objects, so you need to follow the process through.

How it works

Get free, plain-English legal information — call 0800 461 100 in Wellington. No web form to wrestle with, no income test, no waiting room. The line is live now, so you can talk through your situation any time, in plain English or in your language.

Talk to an AI assistant trained on New Zealand law. Our assistant knows the Care of Children Act 2004, the Property (Relationships) Act 1976, the Family Proceedings Act 1980 and the Family Violence Act 2018 — the two-year wait, the equal-sharing rule, day-to-day care and contact, Protection Orders — and gives you clear legal information about how your situation works and what your next step is. It's information, not legal advice, and it creates no lawyer-client relationship.

Get pointed to the right next step — including a Wellington lawyer if you want one. If your case needs a lawyer, we can help you connect with a New Zealand-qualified family lawyer in the Wellington region. No pressure and no obligation — many people get what they need from the free conversation and the free services below.

Free & low-cost Family Law help in Wellington

If you want to handle part of this yourself, or you can't afford a lawyer, New Zealand has strong free help — government-funded mediation and courses, community law centres, and legal aid. Start with these, then get free legal information from us if you want to talk it through.

Ministry of Justice — Care of Children

The official New Zealand government guide to day-to-day care and contact, parenting arrangements, guardianship and court orders under the Care of Children Act 2004, with links to the services that help separating parents.

Community Law Wellington & Hutt Valley

Free, confidential legal advice — including family law, care of children and family violence. Drop-in clinics at their Wellington and Hutt Valley offices; no appointment needed. Phone 04 499 2928.

Family Dispute Resolution (FDR)

Government-funded mediation to help separated parents agree on care of the children — free since 1 July 2025 — and usually the required first step before applying to the Family Court (unless there has been family violence).

Legal aid (family & civil)

Government help with the cost of a lawyer if you qualify on income, assets and the merits of your case. Legal aid is a loan and may have to be repaid depending on your income and any property or money you receive.

Protection Orders — Ministry of Justice

The official guide to applying for a Protection Order under the Family Violence Act 2018, including urgent "without notice" applications. In an emergency, call 111.

Citizens Advice Bureau (CAB)

Free, confidential information and guidance on family separation, court processes and where to get help, with offices across the Wellington region and a national 0800 367 222 line.

New Zealand Law Society — Find a Lawyer

The official register to find a practising family lawyer in the Wellington region, plus consumer information about working with a lawyer and your rights as a client.

FAQ — Family Law in Wellington

How long does it take to get divorced in New Zealand?

You can only apply for a dissolution (divorce) once you and your spouse have been living apart for two years — that's the only ground, and it cannot be shortened even if you both agree (Family Proceedings Act 1980, s 39). After the two years, the order itself is usually straightforward if arrangements for any children under 16 are settled. Since 17 October 2025, if you hold a final Protection Order you may not have to wait the full two years. The important thing to know is that care of the children, property and safety are all dealt with separately and far sooner — you don't have to wait for the divorce to sort those out. Get free legal information on which timeframe applies to you.

Do I have to wait two years to sort out the children and the house?

No. The two-year wait applies only to the dissolution itself. Care of the children is decided under the Care of Children Act 2004 and relationship property under the Property (Relationships) Act 1976 — both can be resolved well before any divorce, often by agreement or mediation. If you're not safe, a Protection Order can be applied for straight away. So the divorce is genuinely the last piece, not the first. Get free, plain-English legal information on how to deal with the children and the property now.

Who do the children live with after we separate?

In New Zealand the law no longer talks about "custody" — it talks about "day-to-day care" (where the child lives) and "contact" (time with the other parent). Under the Care of Children Act 2004 the child's welfare and best interests come first. Most parents are expected to try Family Dispute Resolution mediation and attend the free Parenting Through Separation course before applying to the Wellington Family Court for a parenting order — unless there has been family violence, in which case you can go straight to court. Get free legal information on the steps that fit your situation.

How is property divided when a relationship ends?

Under the Property (Relationships) Act 1976, if you've been together for three years or more — married, civil union or de facto — relationship property is generally shared equally, 50/50. That usually covers the family home, the family car, joint savings and assets and income built up during the relationship, regardless of whose name is on the title. Property you owned before the relationship and most gifts and inheritances are usually kept separate. For relationships under three years, different rules apply. Get free legal information on how the line is likely to fall in your case.

We were only together a short time — does equal sharing still apply?

Not automatically. The three-year mark is the threshold for the equal-sharing rule in the Property (Relationships) Act 1976. For relationships of less than three years, special rules apply — property may instead be divided according to each person's contributions, and a short de facto relationship may fall outside the Act altogether unless there's a child of the relationship or it would cause serious injustice to leave it out. It's very fact-specific. Get free legal information on whether the equal-sharing rule reaches your relationship.

I'm not safe at home — how do I get a Protection Order?

If you're in immediate danger, call 111 first. For longer-term protection you can apply to the Family Court for a Protection Order under the Family Violence Act 2018. If the delay of giving notice to the other person would cause undue hardship, a judge can make a temporary order "without notice" — often within 24 to 48 hours — based on your statement. That temporary order becomes final after three months unless the other person challenges it. Police can also issue an on-the-spot Police Safety Order for immediate short-term protection. Get free legal information on the Protection Order process step by step.

Does it matter who caused the break-up?

Legally, almost never. New Zealand is a no-fault system — the only ground for divorce is irreconcilable breakdown shown by two years living apart, and you cannot plead adultery or misconduct. Conduct also generally doesn't change how relationship property is shared, which is equal after three years together. Family violence is the major exception: it affects safety, care of the children, and (from 17 October 2025) the ability to divorce without the two-year wait. Get free legal information on what actually changes the outcome in New Zealand.

Do we have to go to court to sort out the children?

Often not. New Zealand law steers separated parents away from court first: most must try Family Dispute Resolution (FDR) mediation — free since 1 July 2025 — and attend the free Parenting Through Separation course before they can apply to the Family Court for a parenting order. Court is the path when mediation doesn't resolve things, or straight away if there has been family violence. Many families reach a workable agreement without a judge. Get free legal information on whether mediation or court is the right path for you.

Can I get a divorce if my partner won't agree?

Yes. Because New Zealand is no-fault, one person can apply for a dissolution — your spouse's consent is not required. What is required is that you have been living apart for two years (s 39), and that arrangements are in place for any children under 16. If your spouse can't be located, there are procedures for serving the application. Get free legal information on how to move forward when the other person won't cooperate.

Will the Wellington Family Court hear my case?

Family law in New Zealand is national — the same Acts apply everywhere — but your case is heard at your local Family Court, which for the Wellington region sits at 43–49 Ballance Street, Wellington, as a division of the District Court. It handles divorce, care of children, relationship property and Protection Orders. Get free legal information on what to expect and how to prepare.

Is this free, and is it confidential — can you help in my language?

Yes. The service is free, with no income test and no web form, and we aim to help in your language. To be clear about what it is: we give 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 connect with a New Zealand-qualified family lawyer in the Wellington region. The line is live now in Wellington — call 0800 461 100 any hour.

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Are you a New Zealand-qualified family lawyer in the Wellington region handling divorce, care of children, relationship property or family violence matters? We connect people across Wellington, the Hutt Valley, Porirua and the Kāpiti Coast with local lawyers after they've spoken with our assistant for free legal information. If you'd like to receive matched, consultation-ready referrals in your area and practice, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give the public.

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Last updated: 21 June 2026. Reviewed by the Legal Hotline Editorial Team.

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.

Divorce, Care of the Children or a Protection Order in Wellington? Get a Free, Plain-English Answer.