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Divorce in New Zealand

New Zealand has exactly one ground for divorce: the marriage or civil union has broken down irreconcilably, proved by living apart for at least 2 years. Nobody has to be at fault, and no amount of agreement shortens the wait. The divorce itself is the simple part — the traps are around it: the property clock it starts, and the things it doesn't decide. Call 0800 461 100 free, any hour, to get clear on your situation.

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Divorce at a glance

The only ground

Irreconcilable breakdown, proved by 2 years living apart (Family Proceedings Act 1980, s 39) — entirely no-fault

Can it be faster?

Not by agreement. The one exception (since 17 October 2025): a person protected by a final protection order against their spouse can apply without the 2-year separation

Where you apply

The Family Court — jointly with your spouse, or on your own; a hearing is often unnecessary

What it does NOT decide

Property, children and child support are all separate processes — a dissolution order alone divides nothing

The clock it starts

From the dissolution you have just 12 months to apply for a relationship-property order (Property (Relationships) Act 1976, s 24)

What "living apart" actually means

The 2 years run from the date you started living apart — and you can be "living apart" under the same roof if the relationship has genuinely ended and you are living separate lives. Keeping evidence of the separation date matters, because it is the fact the whole application rests on.

A short reconciliation attempt does not necessarily reset the clock — the law allows couples to try again for a period without losing the separation time already accrued. If you attempted to patch things up and it failed, don't assume you're starting from zero; check first. Talk it through with a lawyer now →

How the application works

Either spouse can apply to the Family Court, or you can apply jointly — a joint application is the simplest and least confrontational route. If the application is undefended (and almost all are, since there is nothing to argue about under a no-fault ground), there is often no court hearing at all: a Registrar deals with it on the papers, and an order made without a hearing takes effect one month later.

You do not need to be the person who "wanted" the separation, and your spouse cannot meaningfully block a dissolution once 2 years' separation is established — irreconcilable breakdown is proved by the separation itself. Talk it through with a lawyer now →

The 2025 family-violence pathway

Since 17 October 2025, a person who has a final protection order against their spouse or civil union partner can apply for a dissolution immediately — without the 2-year separation and without living apart. This change (the Family Proceedings (Dissolution for Family Violence) Amendment) exists so that a protected person is not legally tied to their abuser for two more years.

If this is your situation, the free line can explain the pathway; if you don't yet have a protection order and you're unsafe, that comes first — call 111 in an emergency. Talk it through with a lawyer now →

What the divorce does not sort out

A dissolution order ends the marriage. It does not divide your property, decide who the children live with, or set child support — each runs on its own track, and two of them have consequences most people don't see coming.

Property: you don't have to wait for the divorce to divide relationship property — you can do it any time after separating — but once the dissolution comes through you have only 12 months to bring a property claim. Children: arrangements are agreed or ordered under the Care of Children Act, usually after a free Parenting Through Separation course and mediation. Child support: assessed by Inland Revenue on a formula, or agreed between you. The free line can walk you through which of these needs attention in your case. Talk it through with a lawyer now →

Getting a dissolution, step by step

Confirm the separation dateThe 2 years run from when you genuinely started living apart — which can include separation under one roof. Pin the date and keep evidence of it.

Apply to the Family CourtJointly or alone. Undefended applications are usually dealt with on the papers by a Registrar — no hearing, with the order taking effect one month after it is made.

Deal with property, children and support separatelyRemember the 12-month property clock that starts at dissolution. If anything is unresolved, get legal information first — free on 0800 461 100 — and book a NZ$295 (GST inclusive) consultation with a New Zealand family lawyer if you need one.

Divorce — your questions answered

Can we get a divorce faster if we both agree?

No. The 2-year separation requirement is fixed by s 39 of the Family Proceedings Act 1980 and cannot be waived by consent. The only exception, since 17 October 2025, is for a person protected by a final protection order against their spouse.

Does it matter who caused the separation?

No. New Zealand divorce is completely no-fault: an affair, or who walked out, is irrelevant to the dissolution — and generally irrelevant to how property is divided and children's arrangements are decided too.

Can my spouse refuse the divorce?

Practically, no. Once 2 years' separation is established, irreconcilable breakdown is proved, and there is nothing meaningful to defend. A spouse can slow the paperwork; they cannot keep you married.

Do I need a lawyer to get divorced?

For a simple, undefended dissolution — often not; many people file themselves, especially jointly. Where a lawyer earns their fee is everything around the divorce: the property division, the deadlines, children's arrangements. Start with the free line; if your situation has assets or children in it, a NZ$295 (GST inclusive) one-hour consultation is cheap insurance.

We separated years ago and never divorced. Does it matter?

It can matter a lot: while you remain married, your spouse generally keeps rights an ex-spouse would not have — including under your will and the relationship-property regime. If you have re-partnered or your assets have grown, tidying up the legal position is worth a conversation.

Not sure where you stand? Find out in minutes.

Call the free line any time. We'll help you understand your options and, if you want one, book a one-hour consultation with a New Zealand lawyer — NZ$295, GST inclusive, right on the call.