Dissolution of Marriage in New Zealand
Everything you need to know about formally ending your marriage. Complete guide to forms, fees, requirements, and the legal process.
Separation required
Court filing fee
Processing time
Until divorce is final
What is Dissolution of Marriage?
Dissolution of marriage is the legal term for divorce in New Zealand. It's the process that formally and legally ends your marriage, allowing both parties to remarry if they choose. The process is governed by the Family Proceedings Act 1980.
Key Points About Dissolution
- • No-fault system: You don't need to prove anyone did anything wrong
- • Only one ground: Irreconcilable breakdown of the marriage
- • 2-year separation: Must be separated for at least 2 years
- • Court process: Applied for through the Family Court
- • Separate from property: Dissolution doesn't divide your property
Dissolution vs Separation
It's important to understand the difference:
Separation
- • Living apart from your spouse
- • No formal legal process required
- • You're still legally married
- • Can create a separation agreement
- • Cannot remarry
Dissolution (Divorce)
- • Legal end to your marriage
- • Requires court application
- • You are legally single
- • Marriage certificate shows "dissolved"
- • Free to remarry
Requirements for Dissolution
To apply for dissolution of marriage in New Zealand, you must meet the following requirements:
Two Years Separation
You and your spouse must have been living apart for at least two years. This period must be continuous, although brief reconciliation attempts (under 3 months) don't reset the clock.
NZ Jurisdiction
Either you or your spouse must be domiciled in New Zealand, or have been living in New Zealand for at least 12 months before filing. Your marriage must also be legally recognized in NZ.
Valid Marriage
You must have a valid, legally recognized marriage. If your marriage took place overseas, it must be a marriage that New Zealand recognizes under its laws.
Children Arrangements (If Applicable)
If you have children under 18, the court will want to be satisfied that proper arrangements have been made for their care, welfare, and development before granting the dissolution.
Can't Wait 2 Years?
Unfortunately, there's no way to shorten the 2-year separation requirement in New Zealand. However, you can still create a legally binding separation agreement, divide property, and establish parenting arrangements before the divorce is finalized.
Dissolution of Marriage Forms
You'll need to complete specific forms to apply for dissolution. The forms you need depend on whether you're applying alone or jointly with your spouse.
Joint Application
When both spouses agree to the divorce:
- • Form 1: Joint Application for Dissolution of Marriage
- • Original or certified marriage certificate
- • Court filing fee: $211.50
Advantage: Faster and simpler - no need to serve documents
Sole Application
When only one spouse applies:
- • Form 1: Application for Dissolution of Marriage
- • Original or certified marriage certificate
- • Form 2: Notice of Proceeding (for serving spouse)
- • Court filing fee: $211.50
Note: Must serve papers on your spouse
Where to Get the Forms
- Online: Ministry of Justice website (justice.govt.nz)
- Family Court: Available at any Family Court registry
- Community Law Centres: Can provide forms and guidance
- Your lawyer: If you're using legal representation
Need Help With Forms?
While the forms are designed to be completed without a lawyer, many people find it helpful to have legal assistance to ensure everything is filled in correctly. Errors can cause delays in processing your application.
The Dissolution Process Step-by-Step
Complete & File Application
Complete Form 1 (and Form 2 if applying alone). File at your local Family Court with:
- • Original or certified copy of marriage certificate
- • Filing fee of $211.50
- • Translation if certificate is not in English
Serve Documents (Sole Applications Only)
If you're applying alone, you must serve the documents on your spouse. This can be done:
- • By a process server (recommended)
- • By post if spouse signs acknowledgment
- • By substituted service if spouse can't be found
Response Period
Your spouse has 20 working days to respond. They can file Form 3 (Notice of Intention to Appear) if they want to defend or contest the application. This is rare - most dissolutions are uncontested.
Court Processing
The court reviews your application. Most uncontested applications don't require a court hearing - the judge decides based on the paperwork. If there are children under 18, the court checks arrangements are suitable.
Dissolution Order
If approved, the court makes a dissolution order. You'll receive notification by post. The order specifies when the divorce becomes final.
Divorce Final
The dissolution becomes final 1 month after the order is made. Only then are you legally divorced and free to remarry. You can request a divorce certificate from the court.
Dissolution Costs & Fees
The cost of dissolution varies depending on whether you handle it yourself or use a lawyer.
DIY Application
- • Court filing fee only
- • No lawyer involved
- • Suitable for simple cases
- • Joint applications easiest
With Lawyer
- • Includes filing fee
- • Lawyer prepares forms
- • Handles service of documents
- • Manages entire process
Contested
- • Rare situation
- • Includes court hearing
- • Legal representation needed
- • Costs vary widely
Additional Potential Costs
- Process server: $50-$150 to serve documents on your spouse
- Certified marriage certificate: $33 from Births, Deaths & Marriages
- Translation: Varies if certificate is not in English
- Divorce certificate: $33 after dissolution is final
Fee Waiver
If you can't afford the court filing fee, you may be able to apply for a fee waiver. You'll need to show evidence of financial hardship. Ask at the Family Court registry for details.
Need Help With Your Dissolution?
Our experienced Auckland divorce lawyers can handle the entire dissolution process for you, ensuring everything is done correctly and efficiently.
Frequently Asked Questions
How long does the dissolution process take?
Once you file, an uncontested dissolution typically takes 4-12 weeks to process. Add another month after the order is made before it becomes final. So from filing to being legally divorced is usually 2-4 months.
Can I get divorced faster than 2 years?
No. The 2-year separation period is mandatory under NZ law and cannot be shortened. However, you can still legally separate, divide property, and make parenting arrangements during this time - you just can't formally divorce until the 2 years is complete.
What if I can't find my spouse?
If your spouse can't be found, you can apply for "substituted service" - the court may allow service by other means such as publishing a notice, social media, or email. You'll need to show you've made reasonable efforts to locate them.
Does dissolution divide our property?
No. Dissolution only ends the legal marriage - it doesn't divide property, determine child custody, or address financial matters. These must be dealt with separately through a separation agreement or court applications under the Property (Relationships) Act 1976.
Do I need a lawyer for dissolution?
Not legally required. Simple, uncontested dissolutions can be handled without a lawyer. However, a lawyer can ensure the paperwork is correct, handle service of documents, and advise on any complications. Many people find the peace of mind worth the extra cost.