A new legal ground is available for people affected by family violence to apply for a dissolution of a marriage or civil union as a protected person.
From 17 October 2025, the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024(external link) takes effect. These changes allow a new avenue for applying for a dissolution of marriage or civil union as a protected person without having to live separately for two years as required by the irreconcilable breakdown of relationship grounds.
This legislative change has been welcomed by advocates for survivors of family violence. Chief Victims Advisor, Ruth Money MNZM, a long-time campaigner for victims’ rights, emphasised the importance of the reform:
“The previous requirement for victims to stay legally tied to their abusers was both nonsensical and dangerous. Relationships are one of the most important and significant aspects of our lives, and this Act ensures victims can now quickly dissolve those which are unsafe. I welcome these changes and mihi to those brave survivors who worked tirelessly to bring about this change.”
To apply, individuals must:
A final protection order is a Family Court order that protects people from violence, threats, or contact from a partner, ex-partner, relative, or someone they live with. It typically starts as a temporary order and becomes final after three months if not challenged.
The usual legal requirements around children, property, and welfare still apply. The one-year deadline for making property relationship claims remains in place.
More information on how to apply for a divorce is available on our website.