Complete Guide to Divorce in New Zealand 2025
Everything you need to know about divorce laws, processes, costs, and your rights in New Zealand. Written by experienced Auckland family lawyers.
1. Divorce Overview in New Zealand
New Zealand operates under a "no-fault" divorce system, which means you don't need to prove someone is at fault for the marriage breakdown. The Family Court handles all divorce proceedings under the Family Proceedings Act 1980.
Key Facts About NZ Divorce
- • No-fault system - no need to prove wrongdoing
- • Must be separated for at least 2 years before filing
- • Either spouse can apply for divorce
- • Court filing fee is approximately $211.50
- • Divorce becomes final 1 month after the order is made
Who Can Apply for Divorce in New Zealand?
You can apply for divorce in New Zealand if:
- You or your spouse are domiciled in New Zealand, or
- Either of you has been ordinarily resident in New Zealand for at least 12 months before filing
- You have been separated for at least 2 years
- Your marriage is legally recognized in New Zealand
2. Grounds for Divorce in New Zealand
In New Zealand, there is only one ground for divorce: the marriage has broken down irreconcilably. This is demonstrated by living separately for at least two years.
What "Irreconcilable Breakdown" Means
The court accepts that a marriage has broken down irreconcilably when you can prove you've been separated for at least two years. You don't need to provide reasons such as:
- • Adultery
- • Abuse or violence
- • Financial issues
- • Incompatibility
Proving Separation
To prove separation, you must show:
- Physical separation: Living in separate homes (with limited exceptions)
- Emotional separation: No longer acting as a married couple
- Clear intent: At least one partner intended the separation to be permanent
- Duration: Continuous separation for at least 2 years
3. Separation Requirements
The two-year separation period is mandatory and cannot be shortened. Understanding what constitutes legal separation is crucial for your divorce timeline.
What Counts as Separation
- • Living in separate homes
- • No shared finances or budgeting
- • No sexual relationship
- • Not socializing as a couple
- • Separate social lives
- • No shared domestic duties
Special Circumstances
- • Same house separation (rare cases)
- • Reconciliation attempts under 3 months
- • Financial constraints preventing move
- • Child custody arrangements
Important: Separation Date
The separation date is crucial as it determines when you can file for divorce. Keep records of when separation began, as you'll need to prove this date in court documents. If there's any doubt about your separation date, consult a family lawyer.
4. Divorce Process Step-by-Step
The divorce process in New Zealand involves several steps. Here's a detailed walkthrough of what to expect.
Step 1: Meet Separation Requirement
Ensure you've been separated for at least 2 years. Gather evidence of your separation date including:
- Lease agreements or property records
- Bank statements showing separate finances
- Witness statements from family/friends
Step 2: File Divorce Application
Complete and file Form 1 (Application for Divorce) with the Family Court. You'll need:
- Original or certified copy of marriage certificate
- Court filing fee ($211.50 as of 2025)
- Proof of separation period
- Details of any children under 18
Step 3: Serve Documents
The divorce papers must be properly served on your spouse, unless they've signed Form 2 (Notice of Defence). Service options include:
- Personal service by process server
- Service by post (if spouse agrees)
- Service through lawyer
Step 4: Wait for Response
Your spouse has 20 working days to respond by filing Form 2. They can:
- Not defend the divorce (most common)
- Defend the divorce (very rare)
- Simply not respond
Step 5: Obtain Divorce Order
If there's no defence, the court will grant the divorce order. The divorce becomes final 1 month after the order is made. You'll receive a divorce certificate confirming the divorce is final.
5. Children & Custody Arrangements
When divorcing couples have children under 18, additional considerations apply. New Zealand family law prioritizes the best interests of children in all decisions.
Children's Best Interests
The Family Court considers several factors when making decisions about children:
- • The child's safety and wellbeing
- • Maintaining relationships with both parents where possible
- • The child's views (depending on age and maturity)
- • Cultural and religious considerations
- • Stability of living arrangements
Key Legal Concepts
Guardianship
Both parents usually retain guardianship after divorce, meaning they share responsibility for major decisions about the child's:
- • Education and schooling
- • Medical treatment
- • Religious upbringing
- • Name changes
- • Travel overseas
Care Arrangements
This determines where and with whom the child lives day-to-day. Options include:
- • Shared care (equal time with both parents)
- • Primary care with one parent
- • Contact arrangements for the other parent
- • Supervised contact if necessary
Child Support
Child support is separate from divorce proceedings but often discussed together. In New Zealand:
- Child support is usually calculated using the IRD formula
- Both parents have financial responsibility for their children
- Payments can be arranged privately or through IRD
- Support continues until the child turns 18 (or 19 if still at school)
Need Expert Legal Guidance?
Don't navigate divorce alone. Our experienced Auckland family lawyers are here to guide you through every step of the process.