New Zealand Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in New Zealand.10 in-depth guides covering your rights, costs, and options.
Legal System
Common law
Divorce Type
No-fault (2 years separation)
Waiting Period
2 years separation
Average Cost
NZD $220 filing fee; total NZD $2,000–$30,000+
Property System
Equal sharing of relationship property under Property (Relationships) Act 1976
Residency
Domicile in New Zealand
Divorce Law in New Zealand: Overview
New Zealand requires a 2-year separation period — one of the longer requirements globally. The Property (Relationships) Act 1976 provides a strong presumption of equal sharing for relationships of 3 years or more, and uniquely, de facto couples (3+ years) have exactly the same property rights as married couples. The Family Dispute Resolution Act 2013 requires parties to attempt resolution before going to court. New Zealand courts focus on 'day-to-day care' and 'contact' rather than 'custody' and 'access' terminology.
Key Legislation
Family Proceedings Act 1980
Governs divorce procedure — 2-year separation requirement.
Property (Relationships) Act 1976
Equal sharing of relationship property for relationships of 3+ years.
Care of Children Act 2004
Welfare and best interests of child. Day-to-day care and contact arrangements.
Family Dispute Resolution Act 2013
Mandatory dispute resolution before court proceedings.
Grounds for Divorce
- ●Sole ground: irreconcilable differences proved by 2 years living apart
How to Divorce in New Zealand: Step-by-Step
2 years living apart
Must have lived apart for at least 2 years.
File application
At the Family Court. Filing fee NZD $220.
Family dispute resolution
Must attempt FDR before court for property and parenting disputes.
Divorce order
Usually decided on papers — no hearing if uncontested.
Recent Legal Reforms
Family Dispute Resolution Act: mandatory resolution attempts before court.
Care of Children Act replaced Guardianship Act — focus on welfare and best interests.
Property (Relationships) Act extended equal sharing to de facto couples (3+ years).
What Makes New Zealand Divorce Unique
- →2-year separation — one of the longest requirements in the developed world
- →De facto couples (3+ years) have identical property rights to married couples
- →Equal sharing presumption is strong — courts rarely deviate
- →Mandatory family dispute resolution before court proceedings
New Zealand Divorce Statistics
~35% of marriages
Divorce rate
NZD $220
Filing fee
2+ years (includes mandatory separation)
Average duration
New Zealand Divorce Guides
New Zealand Property Division
How assets and debts are divided
New Zealand Spousal Support
Maintenance and alimony
New Zealand Child Custody
Custody and parenting arrangements
New Zealand Divorce Process & Timeline
Steps and how long it takes
New Zealand Divorce Costs
Fees, costs, and legal aid
New Zealand Child Support
Financial support for children
New Zealand Uncontested Divorce
When both spouses agree
New Zealand Divorce Mediation
Alternative dispute resolution
New Zealand Divorce & Taxes
Tax implications of divorce
New Zealand Domestic Violence & Divorce
Safety and legal protections
Every situation is different
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Legal Disclaimer: This article covers New Zealand divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in New Zealand for advice specific to your situation.