You are here: What the Family Court does Separation and Dissolution (Divorce)General Advice and Information

Separation and Dissolution (Divorce)

Information to help married and civil union couples who have decided to legally separate or dissolve their marriage or civil union (get divorced). The law on separation and dissolution applies only to people who are legally married or have entered into a civil union.

I am thinking of leaving my spouse or civil union partner. What can I do?

We have agreed to legally separate. What do we do now?

What is a separation agreement?

What is a Separation Order?

To separate, do we need a Separation Order from the Court?

If my spouse or civil union partner has left the children and me how long can I stay in the family home?

What are the grounds for legally ending a marriage or civil union?

What if we got back together for a while after we first separated?

Who can make an application for a dissolution order?

Will we have to go to Court to end our marriage or civil union?

What forms are required to make an application for a dissolution order?

Do I need a copy of my marriage or civil union certificate?

Do I need to have a separation agreement or separation order to make an application?

What about our children?

Does a dissolution order sort out issues about our property?

Where do I file my application?

How much does it cost to make an application to dissolve a marriage or civil union?

When can I re-marry or enter into a civil union again?

What forms are required for a joint application?

What happens after we file our joint application?

What forms are required for a one party application?

What happens when I file my one party application?

How do I arrange service of the application on my spouse or civil union partner?

What happens if my spouse or civil union partner lives overseas?

What happens if I don’t know where my spouse or civil union partner is?

What happens after service?

What happens if my spouse or civil union partner defends the application?

What if my spouse or civil union partner takes no steps?

Legal Aid

Further information

I am thinking of leaving my spouse or civil union partner. What can I do?

It is a good idea to talk over your plan with your spouse or civil union partner. If you want to, you can ask for free counselling through the Family Court.

Counselling can help you and your spouse or civil union partner deal with the issues in your relationship. You may decide to work on your marriage or civil union together, or you may choose to separate and live apart.

Which ever option you choose, counselling can make decisions easier. To arrange counselling, contact the Family Court co-ordinator at your local Family Court.

We have agreed to legally separate. What do we do now?

A separation means you are still legally married or in a civil union but have agreed to live separately. If this is what you have both agreed to do, you can arrange a separation agreement or apply to the Family Court for a Separation Order.

What is a separation agreement?

This is an agreement that can help to avoid any misunderstandings later. It may cover issues such as day-to-day care of and contact with children, division of any property, and record the date of your separation.

A separation agreement may be verbal or written down. If the agreement covers division of property, a lawyer must certify that each spouse or civil union partner has received independent legal advice.

A separation agreement is not necessary to:

qualify for the domestic purposes benefit;
dissolve your marriage or civil union (get a divorce).

What is a Separation Order?

This is an order made by the Family Court. If you have a Separation Order, you are free of any obligation to live with your spouse or civil union partner. However, if you and your spouse or civil union partner have children, you both still have legal responsibilities as parents.

A Separation Order is not necessary to:

qualify for the domestic purposes benefit;
dissolve your marriage or civil union (get a divorce).

To separate, do we need a Separation Order from the Court?

No - if both you and your spouse or civil union partner agree to separate, a Separation Order is not necessary.

However, if you want to separate and your spouse or civil union partner does not, you can apply to the Family Court for a Separation order.

After you apply for a Separation Order, the Family Court will arrange counselling for you and your spouse or civil union partner. At a counselling session, you can discuss matters such as shared property and care arrangements for your children.

You may not have to attend counselling if your spouse or civil union partner has used violence against you or a child of the marriage, or you have attended counselling in the last 12 months.

If my spouse or civil union partner has left the children and me how long can I stay in the family home?

You and your spouse or civil union partner will need to discuss this when you separate. If you don't agree, you can apply to the Family Court for an Occupation Order. If granted, this will enable you to remain in the family home for a specified period of time without your spouse or civil union partner.

An Occupation Order can be made to:

protect your children's interests;
protect your own safety and welfare.

What are the grounds for legally ending a marriage or civil union?

Irreconcilable differences is the only ground for legally dissolving a marriage or civil union. This means that your relationship has broken down and is at an end. Neither of you is blamed for this.

The only way of proving that your relationship has broken down irreconcilably is by living apart for two years. Only then can the Court dissolve your marriage or civil union.

You cannot shorten the two year period, even if you both agree to the dissolution.

What if we got back together for a while after we first separated?

You can live together for a total of three months within the two year separation period if you can satisfy the Court that the main reason for this was to get back together (“reconciliation”).

You can get back together more than once, as long as the total time together is not more than three months.

Who can make an application for a dissolution order?

An application can be made by one spouse or civil union partner alone (one party application), or by both of you together (joint application).

To make the application, at least one of you must be domiciled in New Zealand.

You are “domiciled” in New Zealand if:

You were born in New Zealand and have not made a home in another country with the intention of living in that country indefinitely; or
You were born overseas but you have made a home in New Zealand with the intention of living here indefinitely.

Working overseas on a long-term contract does not prevent you from applying for a dissolution order as long as you are still domiciled in New Zealand.

The fact that you were married or entered into a civil union in New Zealand is not enough on its own to allow you to apply for a dissolution order in New Zealand. At least one party needs to be domiciled in New Zealand when the application is made.

If you were married or entered into a civil union overseas, you can apply for a dissolution order in New Zealand provided that one of the parties is domiciled in New Zealand when the application is made.

Will we have to go to Court to end our marriage or civil union?

It is not usually necessary to appear in Court to get a dissolution order but you can choose to appear if you want to.

If you are making the application together (joint application) and you choose to appear, both of you must attend the Court hearing.

If you are making the application alone (one party application) and your spouse or civil union partner opposes the application then you may be required to appear in Court.

What forms are required to make an application for a dissolution order?

To make an application for an order dissolving a marriage or civil union you will need to complete an application form, an affidavit and an information sheet. There are different versions of these forms for when you are making the application together (joint application) and when you are making the application on your own (one party application).

See JOINT APPLICATIONS and ONE PARTY APPLICATIONS for more details about the required forms.

Do I need a copy of my marriage or civil union certificate?

Yes, you must provide the Court with a certified copy of your marriage or civil union certificate with your application.

If you no longer have a copy, you will need to get one. If you were married or entered into a civil union in New Zealand you should contact Births, Deaths and Marriages at the Department of Internal Affairs for information on how to obtain a copy. They can be contacted on 0800 22 52 52 (if calling from within New Zealand) or +64 4 474 8150 (if calling from outside New Zealand).

If your marriage or civil union certificate is not in English, you will need to file a certified English translation along with it.

Do I need to have a separation agreement or separation order to make an application?

No, it is not necessary to have a separation order or written separation agreement to make an application to dissolve your marriage or civil union.

However, if you do have a separation order from the Court, or you have made a written separation agreement between the two of you, then you should provide a copy of it with your application.

What about our children?

If you have children who are under 16 years old (or, in special circumstances, 16 years or older) you will need to satisfy the Court that you have made arrangements for their day to day care, maintenance, and other aspects of their welfare, or, that there is a good reason why no arrangements have been made.

The granting of a dissolution order does not make these arrangements into a Court order or determine what the parenting arrangements will be in the future. If you want an order about the care arrangements for your children, you will need to make a separate application to the Court.

For more information see parenting orders

Does a dissolution order sort out issues about our property?

No, the Court does not consider issues of relationship property when granting a dissolution order.

If you have not sorted out relationship property issues and need the Court’s help to do this, you must make an application within 12 months after your dissolution.

For more information see relationship property

Where do I file my application?

You can file your application by hand or by post at any Family Court office. Click on Family Court Locations for a list of Family Courts and their contact details.

How much does it cost to make an application to dissolve a marriage or civil union?

The current filing fee for making an application to dissolve a marriage or civil union is $175.00. Credit card and EFTPOS facilities are available at the Court. Cheques should be made out to the Ministry of Justice. This fee is non-refundable.

You may not have to pay some, or all, of the fee if the Registrar thinks that it would cause undue hardship for you. If you think this might apply to you, talk to the Court Registry Officer when you make the application.

When can I re-marry or enter into a civil union again?

You are free to marry or enter into a civil union as soon as the dissolution order has taken effect. You can apply for a marriage licence or civil union licence on the day the order takes effect, but the licence will not be available for three days.

For more information on when the dissolution order takes effect see JOINT APPLICATIONS and ONE PARTY APPLICATIONS

JOINT APPLICATIONS

A joint application is when you make the dissolution application together with your spouse or civil union partner.

What forms are required for a joint application?

To make a joint application you will need to complete the following forms:

FP13 : Joint application for order dissolving marriage or civil union
(You will need to file the original of this form with the Court)

FP14*: Affidavit to accompany joint application for order Dissolving marriage or civil union
(You will need to file the original of this form with the Court)

G7 : Information sheet to accompany certain applications
(You will need to file two copies of this form with the Court - one copy needs to be on yellow paper)

*If you have chosen to appear in Court then you do not need to complete the
“FP14 :Affidavit to accompany joint application for order dissolving marriage or civil union” form.

If you click on the links above they will take you to an electronic version of the forms. You can complete the forms on-line and then print them out for filing, or you can print them out first and then complete them by hand.

The application forms are also available from any Family Court Office, or a Dissolution Application Pack can be ordered through the publications page.

You can also download a pack from our publications page.

For step by step guidance on completing the forms, click on Completing the Forms – Joint Applications.

For a checklist to make sure that you have done everything you need before filing your joint application with the Court, click on Checklist – Joint Applications (Microsoft Word).

Your marriage or civil union certificate, and separation order or agreement (if you have one) need to be attached to the “FP14: Affidavit to accompany joint application for order dissolving marriage or civil union” form as an exhibit.

If you have decided to appear in Court and are therefore not completing the “FP14: Affidavit to accompany joint application for order dissolving marriage or civil union” form, you should provide the certificate to the Court with the other forms instead.

What happens after we file our joint application?

Your application will be referred to a Registrar unless you have decided to appear in Court. The Registrar will check that all the requirements are met, and if they are they will make the dissolution order. The order will take effect one month after the day it is made.

If you and your spouse or civil union partner wish to appear in Court, a hearing date before a Family Court Judge will be allocated and you will both need to attend at the Court on this date. If the Judge makes the dissolution order, it will take effect the same day.

Once the order takes effect, a copy will be posted out to each of you.

Completing the Forms – Joint Applications. (Microsoft Word).

Checklist – Joint Applications (Microsoft Word).

DISSOLUTION APPLICATION PACK 2: JOINT APPLICATION FOR ORDER DISSOLVING A MARRIAGE OR CIVIL UNION (PDF 3854KB)

ONE PARTY APPLICATIONS

A one party application is where one spouse or civil union partner makes the application on their own.

What forms are required for a one party application?

To make a one party application you will need to complete the following forms:

FP11: Application by one party for order dissolving marriage or civil union
(You will need to file the original plus one copy of this form with the Court)

FP12*: Affidavit to accompany application by one party for order dissolving marriage or civil union
(You will need to file the original plus one copy of this form with the Court)

G7 : Information sheet to accompany certain applications
(You will need to file three copies of this form with the Court - one copy needs to be on yellow paper)

*If you have chosen to appear in Court then you do not need to complete the
“FP12 :Affidavit to accompany application by one party for order dissolving marriage or civil union” form.

The application forms are also available from any Family Court Office, or a Dissolution Application Pack can be ordered through thepublications page.

You can also download a pack from our publications page.

For step by step guidance on completing the forms, click on Completing the Forms – One Party Applications.

For a checklist to make sure that you have done everything you need before filing your joint application with the Court, click on Checklist – One Party Applications.(Microsoft Word).

Your marriage or civil union certificate, and separation order or agreement (if you have one) need to be attached to the “FP12: Affidavit to accompany application by one party for order dissolving marriage or civil union” form as an exhibit.

If you have decided to appear in Court and are therefore not completing the “FP12 :Affidavit to accompany application by one party for order dissolving marriage or civil union”, you should provide the certificate to the Court with the other forms instead.

What happens when I file my one party application?

When you file your application, the Court will process it and provide you with a set of documents that need to be served on your spouse or civil union partner. It is your responsibility to arrange this service as the Court does not serve these types of applications.

How do I arrange service of the application on my spouse or civil union partner?

The Court will give you some instructions about what you need to do.

Unless the Court directs otherwise, dissolution applications have to be served by personal service. This means that the documents have to be personally handed to the other party by someone other than yourself. If the other party refuses to take the documents, they can be put down in front of them instead.

These applications cannot be served on a Sunday, Christmas Day, New Year’s Day, Good Friday or Anzac Day.

Once the documents have been served on the other party, the person who served them needs to complete a document called an Affidavit of Service. The affidavit of service includes details about when and where the documents were served, and how it is known that the correct person was served. The affidavit of service form will be provided to you by the Court. Once the affidavit of service is completed it needs to be returned to the Court.

What happens if my spouse or civil union partner lives overseas?

You will need to make an application for leave (permission) to serve them outside of New Zealand. You are required to file an affidavit in support of this application.

To make this application you will need to complete the following forms:

G21 : Interlocutory application without notice

General Affidavit form

The application forms are also available from any Family Court Office.

What happens if I don’t know where my spouse or civil union partner is?

You may need to make an application for substituted service to change the way the application is to be served. You are required to file an affidavit in support of this application.

An application for substituted service should set out how you think that the application could best be brought to your spouse or civil union partners notice. Some examples of substituted service are service on friends or family who are likely to be in contact with the person, or advertising in a major newspaper where you suspect the person is living.

To make this application you will need to complete the following forms:

G21 : Interlocutory application without notice

General Affidavit form

The application forms are also available from any Family Court Office.

What happens after service?

Once the documents have been served, your spouse or civil union partner will have a set time to decide if they want to defend the application. This is normally 21 days after service of the documents on them if they are in New Zealand. If they are not in New Zealand, the time will be 30 days if they are in Australia or 50 days if they are in another part of the world.

What happens if my spouse or civil union partner defends the application?

If your spouse or civil union partner defends the application within the 21 days (or other time set by the Registrar), a defended hearing will be allocated before a Family Court Judge who will hear from both of you and decide whether or not the grounds for a dissolution order have been met.

If the Judge makes the dissolution order at the defended hearing it will take effect one month after the day it is made.

What if my spouse or civil union partner takes no steps?

A Registrar will consider your application, once the time for a defence to be filed has passed.

Unless you have chosen to appear in Court, the Registrar will check that all the requirements are met, and if they are, will make the dissolution order. The order will take effect one month after the day it is made.

If you have chosen to appear in Court, a hearing date before a Family Court Judge will be allocated and you will need to attend at the Court on this date. If the Judge makes the dissolution order, it will take effect the same day.

Once the order takes effect, a copy will be posted out to you and to the other party.

Completing the Forms – One Party Applications (Microsoft Word).

Checklist – One Party Applications (Microsoft Word).

DISSOLUTION APPLICATION PACK 1: APPLICATION BY ONE PARTY FOR ORDER DISSOLVING A MARRIAGE OR CIVIL UNION (PDF 2328KB)

Legal Aid

Legal aid is not available for dissolution (divorce). However, legal aid is available for other Family Court matters. To find out if you are eligible for legal aid, talk to your lawyer or your local Community Law Centre.