Divorce (legally called "dissolution of marriage" in New Zealand) can be a complex and emotionally challenging process. This comprehensive guide walks you through the steps to obtain a divorce in New Zealand, helping you understand what to expect and how to navigate the legal requirements.
The Two-Year Separation Requirement
In New Zealand, the only ground for divorce 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. This two-year separation period is mandatory and there are no exceptions, regardless of the circumstances of your marriage breakdown.
It's important to note that you can be "living apart" while still living under the same roof. What matters is that you're living separate lives and no longer functioning as a married couple. If you're in this situation, you'll need to provide evidence of your separate living arrangements.
Step 1: Confirm Your Eligibility
Before applying for a divorce in New Zealand, you need to confirm that:
- You or your spouse is domiciled in New Zealand (meaning New Zealand is your permanent home) when you apply; or
- You have been living in New Zealand for at least two years immediately before applying and consider New Zealand to be your home; or
- You are ordinarily resident in New Zealand and have been living here for at least one year immediately before applying.
You must also ensure that you've been separated for at least two years.
Step 2: Decide on Application Type
There are two ways to apply for a divorce in New Zealand:
Joint Application
If both you and your spouse agree to the divorce, you can file a joint application. This is the simplest and most straightforward approach. With a joint application:
- Both parties sign the application
- There's no need to serve documents on your spouse
- The process is typically faster and smoother
- You usually don't need to attend a court hearing
Individual Application
If your spouse doesn't agree to the divorce or you're unable to communicate effectively, you can file an individual application. With this approach:
- Only you sign the application
- You must serve the application on your spouse
- Your spouse has the opportunity to respond
- If your spouse opposes the application, a court hearing will be scheduled
Step 3: Complete the Required Forms
To apply for a divorce, you'll need to complete the following forms:
- Joint Application: Form F33 (Joint Application for Order Dissolving Marriage or Civil Union)
- Individual Application: Form F32 (Application for Order Dissolving Marriage or Civil Union)
- Affidavit: This supports your application and confirms the facts stated in your application are true
These forms are available from the Family Court or can be downloaded from the Ministry of Justice website. The forms require information about:
- Your marriage details (date and place)
- Your personal details
- Details of any children of the marriage
- Confirmation of the two-year separation
Step 4: File Your Application
Once you've completed the forms, you need to file them with the Family Court. You can do this at any Family Court in New Zealand. You'll need to:
- Submit the original forms plus two copies
- Pay the filing fee (approximately $211.50 for a joint application or individual application)
- Include your marriage certificate (or a certified copy)
Step 5: Serve Documents (Individual Applications Only)
If you've filed an individual application, you must serve a copy of the application and supporting documents on your spouse. This can be done by:
- Personal service (having someone else hand the documents to your spouse)
- Service by post (if the court approves)
- Service through a lawyer (if your spouse has a lawyer)
Your spouse then has 21 days to respond if they wish to oppose the application.
Step 6: Court Process
What happens next depends on the type of application and whether your spouse opposes it:
Joint Applications or Unopposed Individual Applications
If you've filed a joint application or an individual application that your spouse doesn't oppose, the court will usually process your application without a hearing. The court will check that:
- The application meets all legal requirements
- The two-year separation period has been met
- Arrangements for any children are satisfactory
If everything is in order, the court will grant an interim dissolution order.
Opposed Individual Applications
If your spouse opposes the application, a court hearing will be scheduled. At the hearing, both parties can present their case. The court will consider:
- Whether the two-year separation requirement has been met
- Any other relevant factors
If the court is satisfied that the marriage has broken down irreconcilably and the two-year separation requirement has been met, it will grant an interim dissolution order despite the opposition.
Step 7: Final Dissolution Order
The interim dissolution order becomes final after one month, unless there are special circumstances. Once the order is final, your marriage is legally dissolved, and you are free to remarry if you wish.
You can apply for a copy of the final dissolution order from the court for your records.
Other Considerations
Property Division
It's important to note that divorce proceedings in New Zealand don't automatically address property division. The division of relationship property is a separate legal process governed by the Property (Relationships) Act 1976. You can:
- Reach an agreement with your spouse and formalize it through a consent order or relationship property agreement
- Apply to the Family Court for orders dividing your property if you can't agree
Ideally, property matters should be resolved before or at the same time as your divorce application.
Parenting Arrangements
Similarly, arrangements for the care of children are not automatically determined as part of the divorce process. You'll need to:
- Reach an agreement with your spouse about day-to-day care and contact arrangements
- Formalize these arrangements through a parenting agreement or parenting order if necessary
- Apply to the Family Court for parenting orders if you can't agree
Do You Need a Lawyer?
While it's possible to handle a straightforward, uncontested divorce without legal representation, having a lawyer can be beneficial, especially if:
- There are complex property matters to resolve
- There are disputes about children
- Your spouse is contesting the divorce
- You're unsure about your legal rights and obligations
A family lawyer can guide you through the process, ensure all paperwork is completed correctly, and represent your interests in any negotiations or court proceedings.
Conclusion
Getting a divorce in New Zealand involves several steps, starting with the mandatory two-year separation period. While the process can seem daunting, understanding the requirements and procedures can help make it more manageable.
Remember that divorce only addresses the legal end of your marriage. Property division and arrangements for children require separate consideration and potentially separate legal processes.
If you're considering divorce or are already in the process, seeking legal advice can help ensure your rights are protected and the process goes as smoothly as possible.