The Divorce Process in NZ: Step by Step
Every stage of getting a divorce in New Zealand — from the 2-year separation requirement to the day your dissolution order becomes final.
Key Facts: NZ Divorce Process
- • 2 years' separation is the only ground for divorce — NZ is a no-fault system
- • Court filing fee: $211.50 (dissolution of marriage application)
- • Apply jointly or alone — joint applications need no service and rarely a hearing
- • Undefended applications are decided on the papers, usually within 4–12 weeks
- • The order becomes final one month after it's made
- • Dissolution does not divide property or decide care of children
The 6 Steps of the NZ Divorce Process
Separate for 2 years
24 monthsNew Zealand has one no-fault ground for divorce: the marriage has broken down irreconcilably, proven by living apart for at least 2 years. You can be separated under the same roof if you live independent lives, but you may need extra evidence. The separation date matters — record it.
Separation agreements explainedFile the dissolution application
1-2 weeks to prepareApply to the Family Court for a dissolution of marriage (the legal term for divorce). You can apply jointly with your spouse or on your own. The court filing fee is $211.50. You'll need your marriage certificate and a signed affidavit confirming the 2-year separation.
Dissolution forms & requirementsServe the documents (sole applications only)
1-4 weeksIf you applied on your own, the documents must be personally served on your spouse — you can't serve them yourself. A process server, friend, or family member over 17 can do it. Joint applications skip this step entirely.
Wait for a response
21 days (NZ) / 30-50 days (overseas)Your spouse has 21 days to respond if served in New Zealand (longer if overseas). If they don't defend the application — most don't, because the 2-year separation is the only thing that matters — the court can deal with it without a hearing.
The dissolution order is made
4-12 weeks after filingFor undefended applications, a Family Court Registrar can make the order without you attending court. Joint applications are usually dealt with 'on the papers'. If either party asks to be heard, a short hearing is scheduled.
How the Family Court worksThe order becomes final
1 month after the orderThe dissolution order becomes final one month after it's made. Only then are you legally divorced and free to remarry. The order ends the marriage only — property division and parenting arrangements are separate legal processes.
Dividing relationship propertyHow Long Does a Divorce Take in NZ?
| Stage | Typical time |
|---|---|
| Separation before you can apply | 2 years (mandatory) |
| Filing to dissolution order (undefended) | 4–12 weeks |
| Order made to order final | 1 month |
| Total after filing | ≈ 3–4 months |
Costs run separately from timelines — see the full divorce cost NZ breakdown for court fees, lawyer fees, and ways to keep costs down.
Divorce Process NZ: FAQs
How long does the divorce process take in NZ?
The minimum is 2 years of separation before you can apply. After filing, an undefended dissolution typically takes 4-12 weeks for the order to be made, then a further month for it to become final — so around 3-4 months from filing to being legally divorced.
What are the steps to get a divorce in New Zealand?
1) Live apart for at least 2 years; 2) file a dissolution application with the Family Court ($211.50 fee), jointly or alone; 3) serve the documents on your spouse if you applied alone; 4) wait for the response period; 5) the court makes the dissolution order; 6) the order becomes final one month later.
Can we apply for divorce together?
Yes. A joint application is usually the fastest and cheapest route — there's no service step and no hearing in most cases. Both of you sign the application and affidavit confirming you've been separated for 2 years.
Do I have to go to court for a divorce in NZ?
Usually not. Joint applications and undefended sole applications are typically dealt with by a Registrar on the papers, without anyone attending court. A hearing only happens if a party asks to appear or the application is defended.
Does the divorce process divide our property or decide custody?
No. The dissolution order only ends the marriage. Relationship property is divided under the Property (Relationships) Act 1976 (usually 50/50), and care of children is arranged under the Care of Children Act 2004 — by agreement, or by separate court applications.
What does the divorce process cost in NZ?
The Family Court filing fee is $211.50. If you use a lawyer, fees for a simple uncontested dissolution typically start around $2,000. Disputes over property or children cost more — see our full divorce cost breakdown.
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