Divorce in New Zealand: The 2-Year Separation Rule and How Dissolution Works

In New Zealand, what most people call a divorce is legally a dissolution of a marriage or civil union, granted by the Family Court. The only ground the court can act on is that the couple has been living apart for two years or more.

This is general information about New Zealand law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

What "divorce" means in New Zealand

New Zealand does not use the word divorce in its legislation. The formal process is a dissolution of a marriage or civil union, and it is decided by the Family Court under the Family Proceedings Act 1980. A dissolution order does one thing: it legally ends the marriage or civil union. It is a separate process from dividing up property and from arranging the care of any children, covered further below.

The only ground: two years living apart

New Zealand has a no fault system. The sole ground for a dissolution is that the marriage or civil union has irreconcilably broken down, and the way the court accepts that is proof that the couple has been living apart for a continuous period of two years or more immediately before the application is filed. There is no way to shorten the two year period, even where both partners agree they want to divorce straight away.

A separation agreement or a Family Court Separation Order covering that two year period can be used as evidence of living apart. Briefly getting back together to attempt reconciliation does not necessarily restart the two year clock: periods of resumed cohabitation that add up to no more than three months in total can still count within the separation period, provided the court accepts reconciliation was the reason for getting back together.

Joint application or applying alone

Where both partners agree, they can bring a joint application for dissolution. Each still completes their own forms and affidavit; the law does not require them to do this together.

Where only one partner wants the dissolution, that partner can apply alone once the two year separation is met, and the other partner's agreement is not required. The application has to be formally served on the other partner by someone other than the applicant. If the other partner does not respond within the response period, the court reviews the paperwork and, if the requirements are met, makes the Dissolution Order without a hearing. If the other partner disputes the application, it proceeds to a defended hearing before a judge.

What a dissolution order does not decide

Getting a Dissolution Order does not divide relationship property and does not decide where children live or who they spend time with.

Property is dealt with separately under the Property (Relationships) Act 1976, and a person generally needs to apply to the Family Court to divide relationship property within one year of the date of the dissolution, or ask the court for permission to apply later. Our relationship property checker screens whether the Act's equal-sharing rule is likely to apply before that application.

The care of children is decided separately under the Care of Children Act 2004, through agreement, Family Dispute Resolution, or a parenting order from the Family Court. Before granting a dissolution, the court does need to be satisfied that reasonable arrangements are in place for the day to day care of any children of the marriage or civil union under 16, but that is a check, not the same thing as making a parenting order.

The family-violence pathway since October 2025

From 17 October 2025, a person who holds a final protection order (or a registered overseas equivalent) against their spouse or civil union partner can apply for a dissolution without needing to show two years of separation first. Where both partners hold final protection orders against each other, they can apply jointly on this basis. This pathway does not remove the other requirements, such as providing the marriage or civil union certificate, and it does not change the separate rules and time limits for dividing property.

Process, fee, and timeline

The application fee for a dissolution is $247. Most straightforward, uncontested applications are decided by the Family Court reviewing the paperwork, without either party needing to appear. A hearing happens only if requested or if the application is disputed. Once the Family Court makes the Dissolution Order, the marriage or civil union does not end immediately: it becomes final, and the parties are legally divorced, one month after the date of the order.

Related pages

Many separating couples use a separation agreement to record how they are dividing property and arrangements well before they meet the two year mark needed to apply for dissolution. For the wider picture of family law in New Zealand, see the family law guide.

Frequently Asked Questions

What is the ground for divorce in New Zealand?

The only ground is that the marriage or civil union has irreconcilably broken down, shown by the couple having lived apart for a continuous period of two years or more before the application is filed. New Zealand does not require either partner to prove fault.

Can I get a divorce if my ex-partner does not agree?

Yes. One partner can apply for dissolution alone once the two year separation requirement is met, even without the other partner's agreement. The application must be formally served on the other partner, who then has an opportunity to respond, and the matter goes to a defended hearing only if they dispute it.

Does getting a dissolution order divide our property?

No. A dissolution order only ends the marriage or civil union. Dividing relationship property is a separate process under the Property (Relationships) Act 1976, and an application to the Family Court generally needs to be made within one year of the dissolution.

Does a dissolution order decide who the children live with?

No. The day to day care of and contact with children is decided separately under the Care of Children Act 2004, through agreement, Family Dispute Resolution, or a parenting order. The Family Court does check that reasonable care arrangements exist before granting the dissolution, but that is not the same as making a parenting order.

Do I have to wait two years to divorce if I am a victim of family violence?

Not necessarily. From 17 October 2025, a person who holds a final protection order against their spouse or civil union partner can apply for dissolution without meeting the usual two year separation requirement.