Maybe you've just separated and you can't agree on where the kids live. Maybe you're worried about your share of the house, or you're scared for your safety tonight. New Zealand family law runs on real rules and real deadlines — relationship property is presumed to split 50/50, a marriage can only be dissolved after two years living apart, and a without-notice protection order can be made in 24 to 48 hours. On the West Coast your case is dealt with at the Greymouth (Māwhera) Family Court at 60 Guinness Street. Before you sign anything or make a move you can't undo, get the facts. This is general legal information, not legal advice — and there's no charge.
Free legal information. Not legal advice. Available 24/7 across West Coast.
If you're in danger right now, call 111 first — Police can issue a Police Safety Order on the spot that makes the other person leave for up to 10 days, no court and no consent needed (Family Violence Act 2018). If your worry is the children, the starting point is usually Family Dispute Resolution (FDR) — a mediation that, since 1 July 2025, is free and Ministry of Justice funded, and that you generally must attend before you can apply to the Family Court for a parenting order under the Care of Children Act 2004. There are exceptions: where there's a history of family violence, or it's urgent, you can apply to the court without notice and the same exception applies. If it's about the house, savings or KiwiSaver, the Property (Relationships) Act 1976 presumes an equal 50/50 split once you've been together three years. Don't guess which rule applies to you — get clear legal information first.
Here's what blindsides a lot of separating couples on the Coast: the family home is almost always relationship property and is presumed to be shared 50/50 — even if only one of you is on the title, even if one of you 'bought it'. People agree to walk away from a half-share they didn't know they had, or hand over more than they needed to, simply because they didn't know the Property (Relationships) Act 1976 presumes equal sharing once you've been together three years. The flip side is just as costly: de facto couples together under three years usually fall outside the Act entirely, so a verbal 'we'll just split it' may have no legal force at all. Before you sign a separation agreement, sell the house, or move your KiwiSaver, find out which rule actually applies to you. The call is free, and the facts are free.
If you can't afford a lawyer, or you want to handle part of this yourself, New Zealand has strong free help — official Ministry of Justice guidance, legal aid, Community Law, and free mediation for care-of-children disputes. Start with these; the resources below are real and current.
How long does it take to get a divorce in New Zealand?
A dissolution order (the legal end of a marriage or civil union) can only be granted on the ground that the relationship has broken down irreconcilably, and the only way to prove that is to have been living apart for at least two years (Family Proceedings Act 1980, section 39). You can't shorten the two years even if you both agree — there's only a narrow exception for someone protected by a protection order. Once the two years have passed, the paperwork itself is relatively quick. This is general information, not legal advice; for your situation, get advice from a New Zealand lawyer.
What's the difference between 'custody' and 'day-to-day care'?
New Zealand no longer uses 'custody' and 'access'. Under the Care of Children Act 2004 the terms are 'day-to-day care' (where the child mainly lives and who handles their everyday needs) and 'contact' (the time the child spends with the other parent or carer). When these are formalised by the Family Court they're set out in a parenting order. Every decision turns on the child's welfare and best interests, which the Act makes the paramount consideration.
Do I have to go to mediation before the Family Court about my kids?
Usually, yes. Under the Care of Children Act 2004 you generally must attend Family Dispute Resolution (FDR) — a mediation that, since 1 July 2025, is free and funded by the Ministry of Justice — before you can apply for a parenting order. You're also encouraged to do the free Parenting Through Separation course. The main exception is safety or urgency: if there's a history of family violence or the matter is genuinely urgent, you can apply to the court without notice and skip FDR.
How is the house and property split when we separate?
Under the Property (Relationships) Act 1976, once you've been together for at least three years your relationship property is presumed to be divided equally — 50/50. That usually includes the family home and chattels (no matter whose name is on the title) and most assets built up during the relationship, including KiwiSaver contributions. Separate property — generally what you brought in, plus gifts and inheritances kept separate — is carved out. The court only departs from a 50/50 split in narrow situations. Get advice before signing anything.
We were only together two years — does the property law still apply?
Usually not in the same way. De facto couples who've been together for less than three years generally fall outside the equal-sharing rules of the Property (Relationships) Act 1976, so ordinary ownership rules decide who gets what — broadly, who owns or paid for something. There are limited exceptions (for example, where there's a child of the relationship or one partner made substantial contributions). Because the line is so important, it's worth checking your exact situation with a lawyer.
I'm scared at home right now — what can I do tonight?
If you're in immediate danger, call 111. The Police can issue a Police Safety Order on the spot under the Family Violence Act 2018 — it makes the other person leave and stay away for up to 10 days, without a court hearing and without needing your consent. For longer protection, you (or a lawyer) can apply to the Family Court for a protection order; in an urgent case a judge can make a temporary order without notice, often within 24 to 48 hours.
How long does a protection order last?
A temporary protection order made by the Family Court without notice becomes a final order automatically three months later, unless the respondent files a defence within that time (Family Violence Act 2018). A final protection order generally continues until it's discharged by the court. A Police Safety Order is different and much shorter — it lasts only up to 10 days and is a stop-gap, not a long-term order.
Where do I go to court for family matters on the West Coast?
Family matters on the West Coast are dealt with at the Greymouth | Māwhera Family Court, a division of the District Court, at 60 Guinness Street, Greymouth. You can reach it on 0800 268 787 or greymouth.dc@justice.govt.nz, open 9am to 5pm Monday to Friday. It handles parenting orders, dissolution, relationship property and protection orders for the region.
How is child support worked out, and is that a court matter?
Child support in New Zealand is generally not a Family Court matter — it's assessed and collected by Inland Revenue (IRD) under the Child Support Act 1991, using a formula based on both parents' incomes and the share of care each provides. Parents can also make a private agreement. The Family Court mainly deals with care arrangements (parenting orders); the money side runs through IRD. For your numbers, check with IRD or a lawyer.
Can I get free legal help on the West Coast?
Yes. Community Law Canterbury runs a free Greymouth clinic (by appointment, on the 1st and 3rd Tuesday of the month; freephone 0508 226 529). You may also qualify for legal aid to help pay for a family lawyer, depending on your income, assets and the merits of your case, and your local Citizens Advice Bureau can give free guidance. The Ministry of Justice website also has plain-English guides to care of children and relationship property.
Is this service free, and is it legal advice?
Getting general legal information from us is free, and it's information — not legal advice. We're not a law firm and using this service doesn't create a lawyer-client relationship. We can explain how New Zealand family law works and what your options are on the West Coast, and if your situation needs a lawyer we can help you connect with a New Zealand-qualified family lawyer. For advice on your specific situation, you should speak with a lawyer.
Are you a New Zealand-qualified family lawyer working on the West Coast — Greymouth, Hokitika, Westport and the surrounding region? We give people free, plain-English legal information about care of children, relationship property, dissolution and protection orders, and then connect those who need representation with local family lawyers. If you'd like to receive matched, ready-to-talk enquiries in your area, join our network. This is for lawyers only and 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 house, or your safety — New Zealand family law has clear rules, and knowing them early is what keeps your options open. Relationship property is presumed to split 50/50 after three years, a dissolution needs two years living apart, and if you're in danger Police can act tonight. On the West Coast your case runs through the Greymouth | Māwhera Family Court, with free help available from Community Law Canterbury and legal aid for those who qualify. Get clear, free legal information first — it's the cheapest and smartest move you can make. This is general information, not legal advice, and creates no lawyer-client relationship.
Free legal information. Not legal advice.