Separation Lawyer Wellington
Family Law · Wellington
Separation Lawyer Wellington
Know where you stand first. Property, agreements and parenting arrangements, handled with care.
Book a free 30-minute consultationIf you are separating, or thinking about it, a separation lawyer helps you divide relationship property, formalise the split with a binding separation agreement, sort out care arrangements for children, and protect your position from day one. Andy Bell leads a specialist family law team at Lane Neave in Wellington, and the first 30-minute consultation is free.
Separation in New Zealand is governed mainly by the Property (Relationships) Act 1976, which starts from equal sharing of relationship property, and the Care of Children Act 2004, which puts your children’s welfare first. You do not need to file anything with a court to separate. What you do in the first few weeks, however, shapes everything that follows: the separation date you can prove, the agreement you sign, and the advice you get before signing it.
This page answers the questions Wellington people actually ask when a relationship ends: what a separation agreement costs, whether your partner is entitled to half the house, how long you must be separated before divorce, and how to separate legally in the first place.
When do you need a separation lawyer?
You need legal advice at separation earlier than most people think. In our experience, the biggest mistakes are made in the first month, before anyone has spoken to a lawyer: moving out without understanding the consequences, transferring money, or agreeing informally to a property split that gives away entitlements under the Act.
You should speak to a separation lawyer if any of these apply:
- You own a home together, or one of you owns it: the family home is relationship property under the Property (Relationships) Act 1976 even if only one name is on the title.
- You want a binding separation agreement: an agreement dividing relationship property is only enforceable if it meets the formal requirements of section 21 of the Act, including independent legal advice for each partner.
- You have children together: care arrangements, child support and relocation questions all benefit from early, calm advice.
- There is a business, trust, KiwiSaver or inheritance involved: these are the areas where informal deals most often go wrong.
- Your partner already has a lawyer: you should not negotiate unrepresented against represented.
How much does a separation agreement cost in NZ?
A straightforward separation agreement in New Zealand typically costs between $2,000 and $5,000 plus GST in legal fees for each partner. More complex situations, involving businesses, trusts, or disputed valuations, cost more. Both partners must have their own lawyer, because the law requires each of you to receive independent legal advice before the agreement is signed.
That independent advice requirement is not red tape. Under section 21F of the Property (Relationships) Act 1976, an agreement that does not comply with the formal requirements, including independent advice and a lawyer’s certificate, is void unless a court decides otherwise. A cheap agreement that fails these requirements is usually worth exactly what was paid for it.
We are upfront about fees. At your free initial consultation we will tell you what your situation is likely to cost before you commit to anything, and we offer fixed fees for standard separation agreements wherever the circumstances allow.
For comparison, going to court over relationship property routinely costs tens of thousands of dollars per party. A properly drafted agreement is the cheapest thing you will buy in your separation.
Is my partner entitled to half my house?
In most cases, yes. The family home is relationship property under the Property (Relationships) Act 1976, and relationship property is generally divided equally. This applies even if you bought the home before the relationship began, and even if only your name is on the title, provided the home was the family home.
The equal sharing rule applies to married couples, civil union partners, and de facto couples who have lived together for at least three years.
For de facto relationships shorter than three years, the Act generally does not apply, although there are exceptions where there is a child of the relationship or one partner has made substantial contributions. There are ways the 50/50 starting point can shift:
- Contracting out: couples can agree their own division in a section 21 agreement (often called a prenup or contracting-out agreement), made before or during the relationship.
- Separate property: property acquired before the relationship (other than the family home and chattels), inheritances and gifts can remain separate, but only if they have not been intermingled with relationship property.
- Economic disparity: under section 15 of the Act, a court can order a departure from equal sharing where one partner’s income and living standards are likely to be significantly higher because of the division of functions during the relationship.
- Short marriages: for marriages or civil unions of less than three years, section 14 of the Act allows some property to be divided according to contributions rather than equally, including the family home where one partner owned it beforehand or where one partner’s overall contribution to the marriage was clearly disproportionately greater.
Whether any of these applies to you is exactly the kind of question a 30-minute conversation can answer.
How long do you have to be separated to get a divorce in NZ?
For most couples, you must live apart for two years before you can apply for a divorce in New Zealand. Two years of separation is the standard ground for divorce, formally called a dissolution of marriage, under section 39 of the Family Proceedings Act 1980. New Zealand divorce is no-fault: the court does not ask why the marriage ended.
There is one important exception. Since 17 October 2025, a person who holds a final protection order against their spouse or civil union partner can apply for an immediate dissolution without waiting two years, under section 39A of the Act. This change, often called Ashley’s Law, was made by the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024.
The two years run from your separation date, which is why establishing and recording that date matters from the start. You can be separated under the same roof, but you will need to show you were living apart in the practical sense.
Once two years have passed, either or both of you can apply to the Family Court for a dissolution order. The application is straightforward and many people file it themselves; the Ministry of Justice filing fee is $247. You do not need to wait for the divorce to divide property or agree care arrangements. Most couples resolve both long before the two years are up.
What is the difference between separation and divorce?
Separation ends the relationship; divorce ends the legal marriage. Separation happens the day you part ways and needs no court involvement. Divorce is a Family Court order, generally available after two years of living apart, and only for married or civil union couples.
| Separation | Divorce (dissolution) | |
|---|---|---|
| What it ends | The relationship | The legal marriage or civil union |
| Court involvement | None required | Family Court order required |
| Timeframe | Immediate, from the day you part ways | After 2 years living apart (immediate with a final protection order, since October 2025) |
| Who it applies to | Married, civil union and de facto couples | Married and civil union couples only |
| Cost | No filing fee; legal fees only if you formalise an agreement | $247 Ministry of Justice filing fee |
The practical work of a separation, dividing property, agreeing care of children, and untangling finances, is the same whether you were married or de facto, and it does not wait for a divorce. De facto couples never need a divorce at all; for them, the separation and the property division are the whole process.
One deadline is worth knowing. If you were married, claims under the Property (Relationships) Act must generally be brought within 12 months of your divorce being finalised. For de facto couples, the general limit is three years from separation. Miss the window and you need the court’s leave to proceed.
How do I legally separate from my partner?
There is no form to file and no registry to notify. You are legally separated in New Zealand when at least one of you decides the relationship is over and communicates that, and you start living apart. From there, a legal separation usually involves four steps:
- Record the separation date. An email or message confirming the date is enough. This date starts the divorce clock and fixes the point at which relationship property is generally valued.
- Get advice before you agree to anything. Entitlements under the Property (Relationships) Act are easy to give away and hard to get back.
- Formalise the division in a separation agreement. A section 21 agreement, signed with independent legal advice on each side, makes the property split final and binding.
- Sort arrangements for the children. A written parenting agreement is the goal; the Family Court is the backstop, not the starting point. Under the Care of Children Act 2004, the welfare and best interests of the child are the paramount consideration.
A formal separation order from the Family Court exists under the Family Proceedings Act 1980, but most separating couples never need one. A separation agreement and a recorded separation date do the work in almost every case.
Separating with children in Wellington
Children change the shape of a separation. Care arrangements, day-to-day decisions, child support and relocation all need to be worked out, and the law measures every outcome against one standard: the welfare and best interests of the child, under section 4 of the Care of Children Act 2004.
Most parents reach agreement without a courtroom. Family Dispute Resolution, a mediation service, is generally required before a parenting order application can be made to the Family Court. Fair Way, the largest FDR provider, reports that around 80 percent of families who complete FDR resolve some or all of their issues.
Our Wellington family law team handles parenting arrangements every week, from straightforward care agreements to relocation disputes, and can guide you through Family Dispute Resolution.
Why choose Andy Bell at Lane Neave?
You get specialist family law depth with the backing of a full-service national firm. Andy Bell is a partner at Lane Neave, a recommended lawyer in the Legal 500 Asia Pacific, and a Doyle’s Guide New Zealand recommended lawyer for 2026. The Wellington team includes senior specialists in relationship property and in childcare and custody, so your matter is handled by someone who does this work every day.
Because Lane Neave is a full-service firm, the same team can deal with everything a separation touches: trusts, business interests, employment issues that often surface alongside a relationship breakdown, and property transactions when the home is sold or transferred.
And we are Wellington people. We appear in the Wellington Family Court, we know the local mediators and valuers, and we act for clients across the city, the Hutt Valley, Porirua and Kāpiti.
What should you do now?
- Record your separation date in writing, even just by email.
- Do not sign anything or agree to a property split before you have had advice.
- Gather the paper: a list of assets and debts, recent statements for KiwiSaver and bank accounts, and any trust or company documents.
- Book a free 30-minute consultation. You will leave knowing where you stand, what a fair division looks like, and what it will cost.
Separating? Know where you stand first.
Book a free 30-minute consultation with our Wellington family law team.
Book your free consultationFrequently asked questions
Can I write my own separation agreement?
You can write one, but it will not be binding. To be enforceable, an agreement dividing relationship property must comply with section 21 of the Property (Relationships) Act 1976: it must be in writing, signed, and each partner must receive independent legal advice, with their lawyer witnessing the signature and certifying the advice was given. An agreement that skips these steps is void unless a court decides otherwise.
Do we have to go to court to separate?
No. Separation requires no court process at all, and most property and parenting matters settle by agreement. Court is the backstop for the minority of cases that cannot be resolved by negotiation or mediation.
Who keeps the house when you separate?
Neither partner automatically keeps the house. The starting point is that the family home’s value is shared equally, whatever the title says. Commonly one partner buys out the other’s half share, or the home is sold and the proceeds divided. If there are children, their need for a settled home is a relevant factor in interim arrangements.
Does the three-year rule apply to my de facto relationship?
Generally the Property (Relationships) Act applies to de facto couples only after three years of living together as a couple. The court can apply the Act to shorter relationships where there is a child of the relationship or one partner made substantial contributions, and where not doing so would cause serious injustice.
How long does a separation take to finalise?
A separation agreement can be finalised in a few weeks if both partners have disclosed their finances and broadly agree. Contested property matters take months, and litigated ones longer. Divorce is a separate step available after two years of living apart.