New Zealand
New Zealand Family Law: Separation, Children, and Property
Family law in New Zealand covers what happens when a relationship ends: how children are cared for, how property is divided, how child support is worked out, and how someone experiencing family violence can be protected. Most of it runs through the Family Court, except child support, which Inland Revenue calculates by a formula. This section links to a plain-language guide on each topic.
This is general information about New Zealand family law, not legal advice, and it cannot tell you what will happen in your situation. For advice, contact the Family Court, a lawyer, or your local Community Law centre. If you are in danger, call the Police on 111.
Children: care and support
Two separate questions arise about children when parents part. Who the child lives with and spends time with is decided through parenting orders under the Care of Children Act 2004, usually after Family Dispute Resolution mediation, with the child's best interests paramount. How much financial support one parent pays the other is a different matter, handled by child support through Inland Revenue rather than the court, using a formula based on each parent's income and share of care.
Property and how a relationship ends
When a relationship ends, relationship property is generally divided equally once the relationship has lasted three years, under the Property (Relationships) Act 1976. Couples can set their own rules in advance or on separation through a contracting-out agreement, which is only binding if each partner had independent legal advice. A separation agreement records how a separating couple will sort out property, care, and money. Ending a marriage or civil union formally, a dissolution, is a separate Family Court step available after two years of living apart.
Safety and protection
Someone experiencing family violence can apply for a protection order under the Family Violence Act 2018. If you are in immediate danger, call the Police on 111; the free Family Violence Information Line is 0800 456 450. For how family law connects to the rest of New Zealand's everyday law, see the New Zealand law guide.
Frequently Asked Questions
Who works out child support in New Zealand?
Inland Revenue, not the Family Court. Child support is calculated by a formula that takes into account both parents' child-support income, a living allowance, the number of children, and the share of care each parent provides. Parents can also make their own private agreement, and in some cases apply to the court, but the standard route is the Inland Revenue formula.
Is relationship property always split 50/50 in New Zealand?
Equal sharing is the general rule for relationship property once a relationship, including a de facto relationship, has lasted three years or more. It applies to relationship property, not separate property, and there are exceptions. Relationships of less than three years are generally treated differently. A court decides how the rules apply to a particular situation, so no outcome is guaranteed.
How long does it take to get a divorce in New Zealand?
A dissolution of marriage or civil union is generally granted once the couple has lived apart for two years, which is the ground itself. Since 17 October 2025 there is an exception: a person who holds a final protection order can apply without waiting the two years. The application to the Family Court is then a relatively short process, and it is separate from dividing property or arranging care of children.
What should I do if I am experiencing family violence?
If you are in immediate danger, call the Police on 111. For support and information at any time, the free Family Violence Information Line is 0800 456 450, and Women's Refuge, Shine, and the 1737 need-to-talk line can help. A person in a family or domestic relationship who is being abused can apply to the Family Court for a protection order under the Family Violence Act 2018.
Sources and References
- NZ Ministry of Justice: family law(justice.govt.nz).gov