Family Law FAQs

In New Zealand, the only ground for divorce (legally called 'dissolution of marriage') is that the marriage has broken down irreconcilably. This is established by proving that you and your spouse have been living apart for at least two years. No other grounds, such as adultery or unreasonable behavior, are required.

The cost of divorce in Auckland varies depending on complexity. The court filing fee for a joint application is approximately $211.50. If you need a lawyer, costs typically range from $2,000 for uncontested divorces to $10,000+ for complex cases involving property disputes or custody issues. We offer a free initial consultation to discuss your specific situation.

After filing for divorce in New Zealand, it typically takes about three months for the dissolution to be finalized, assuming all paperwork is in order. However, you must have been separated for at least two years before applying. If there are disputes over children, property, or other matters, the process can take significantly longer.

Yes, you can still get divorced in New Zealand even if your spouse doesn't agree. As long as you can prove you've been separated for at least two years, you can file a divorce application. If your spouse doesn't respond or opposes the application, the court can still grant the divorce if the two-year separation requirement is met.

Under New Zealand's Property (Relationships) Act, relationship property is generally divided equally (50/50) between spouses upon divorce. Relationship property typically includes the family home, household items, vehicles, and financial assets acquired during the marriage. Separate property (acquired before marriage or by inheritance/gift) usually remains with the original owner.

In New Zealand, child custody (legally called 'day-to-day care') decisions are made based on the best interests of the child. The Care of Children Act 2004 guides these decisions. Courts consider factors like the child's relationship with each parent, their safety, the ability of parents to cooperate, and sometimes the child's own views depending on their age and maturity.

In New Zealand legal terminology, 'day-to-day care' (formerly called custody) refers to who the child lives with and who makes daily decisions for them. 'Contact' (formerly called access) refers to how a child spends time with the parent they don't live with. Both parents can share day-to-day care in various arrangements, or one parent may have primary care while the other has contact.

Not necessarily. In New Zealand, parents are encouraged to reach their own agreements about care arrangements without court intervention. You can formalize these through a Parenting Agreement or apply for a Consent Order if you want it to be legally binding. If you cannot agree, you'll typically need to attend Family Dispute Resolution (mediation) before applying to the Family Court for a Parenting Order.

While children don't have the final say in custody arrangements, their views are considered by the court, with weight given according to their age and maturity. The Family Court may appoint a lawyer to represent the child and convey their wishes. However, the court makes the final decision based on what it believes is in the child's best interests, which may not always align with the child's expressed preference.

In New Zealand, the Property (Relationships) Act 1976 governs property division after separation. The general rule is that relationship property is divided equally (50/50) between partners. Relationship property typically includes the family home, household items, vehicles, and financial assets acquired during the relationship. However, separate property (acquired before the relationship or by inheritance/gift) usually remains with the original owner unless it has become intermingled with relationship property.

Relationship property in New Zealand generally includes: the family home and household items (regardless of when acquired), property acquired during the relationship, income earned during the relationship, increases in value of relationship property, and any property acquired for common use or benefit. It can also include superannuation schemes, business interests, and debts incurred during the relationship. Separate property can become relationship property if it's been intermingled or used for family purposes.

Yes, there are exceptions to the equal sharing rule in New Zealand. The court may order unequal division if: there are extraordinary circumstances that make equal sharing repugnant to justice, the relationship was less than three years (short-term relationships), one partner has made extraordinary contributions to the relationship, or there is an economic disparity between partners due to division of functions during the relationship. Each case is assessed on its specific circumstances.

A protection order in New Zealand is a court order that helps protect people from domestic violence. It prevents the respondent (person who has been violent) from contacting you or your children, coming to your home or workplace, and may require them to surrender firearms. To get a protection order, you need to apply to the Family Court. In urgent situations, the court can grant a temporary protection order without notifying the respondent (called a 'without notice' application). A lawyer can help prepare your application, including an affidavit detailing the violence and why you need protection.

In New Zealand, you can apply for a protection order if you're in a domestic relationship with the person you need protection from. This includes: current or former spouses, partners, or de facto partners; family members; people who share a household; and close personal relationships. You can also apply for protection for your children or other people in your family. If you're under 16, a representative (like a parent or guardian) must apply on your behalf unless the court gives special permission.

When a protection order is granted in New Zealand, it takes effect immediately and has two main components: non-violence conditions (which are always included) and non-contact conditions (which can be suspended). The respondent must surrender firearms and their firearms license. If it's a temporary order, a hearing will be scheduled where the respondent can respond. If they don't oppose it, the order becomes final. If they do oppose it, a court hearing will determine if the order becomes final. Protection orders don't expire—they remain in force permanently unless discharged by the court.

In New Zealand, a prenuptial agreement is legally called a 'contracting out agreement' or 'Section 21 agreement' (referring to Section 21 of the Property (Relationships) Act 1976). It's a legally binding document that allows couples to opt out of the default equal-sharing regime under the Act and make their own arrangements about how their property will be divided if they separate or one partner dies. These agreements can be made before or during a marriage or civil union, or before or during a de facto relationship.

Yes, prenuptial agreements (contracting out agreements) are legally binding in New Zealand if they meet specific requirements: they must be in writing, signed by both parties, and each party must have received independent legal advice before signing. The agreement must also include certificates signed by the lawyers confirming they explained the effects and implications of the agreement. However, a court can set aside an agreement if it would cause serious injustice, if proper disclosure wasn't made, or if there was undue influence or duress.

A New Zealand prenuptial agreement can cover: classification of property as separate or relationship property; how specific assets and debts will be divided upon separation; protection of assets brought into the relationship or received as gifts/inheritances; protection of business interests; financial provision for existing children; arrangements for specific assets like family homes or heirlooms; and spousal maintenance provisions. However, prenuptial agreements cannot determine child custody or child support arrangements, as these must be decided based on circumstances at the time of separation.

Family mediation is a voluntary, confidential process where a neutral third party (the mediator) helps separating or divorcing couples resolve disputes without going to court. In New Zealand, this is formally called Family Dispute Resolution (FDR). The mediator facilitates discussion and negotiation to help parties reach mutually acceptable agreements on issues like parenting arrangements, property division, and financial matters.

Yes, in most cases involving parenting disputes, attending Family Dispute Resolution (FDR) mediation is mandatory before applying to the Family Court in New Zealand. This requirement was introduced to help families resolve disputes without court intervention. However, exceptions exist for urgent cases, situations involving family violence, or when one party refuses to participate. Your lawyer can advise if your situation qualifies for an exemption.

Mediation offers several advantages over court proceedings: it's typically faster and less expensive; it's less adversarial, helping preserve relationships; it gives parties more control over outcomes; it's confidential, unlike public court hearings; it's more flexible in finding creative solutions; and agreements reached tend to have higher compliance rates because both parties participated in creating them. Mediation also typically causes less emotional stress for all involved, including children.