Last updated: 24 October 2026 | Written by Andy Bell, Partner, Lane Neave
To get a divorce in New Zealand, you apply to the Family Court for a dissolution order, jointly with your spouse or on your own. You must have lived apart for at least two years, unless you hold a final protection order against your spouse. The filing fee is $247. If you apply jointly, nothing has to be served on your spouse. If you apply alone, your spouse must be formally served with the papers and given time to respond. Most orders are made by a registrar on the papers, with no court appearance, and take effect one month later.
The law is in the Family Proceedings Act 1980. Under section 39, the only general ground for divorce is that the marriage or civil union has broken down irreconcilably, proved by two years of living apart. The two years cannot be shortened, even if you both agree.
Since 17 October 2025, section 39A has allowed a person protected by a final protection order to apply without the two-year wait. At least one of you must be domiciled in New Zealand, which generally means New Zealand is your permanent home.
If your property is not yet settled, section 24(1)(a) of the Property (Relationships) Act 1976 gives married and civil union couples 12 months from the date the dissolution order takes effect to apply to the court. De facto partners have a different limit: three years from the end of the relationship (section 24(1)(c)). Our guide to separating in New Zealand covers the earlier steps.
Do you have to be separated for two years before you can divorce?
Yes, unless the family violence ground applies. The court must be satisfied that you are living apart now and have been living apart for at least two years before you file. The clock starts on the date you separated, and you will be asked to give that date in your affidavit (a written statement sworn or affirmed before a Justice of the Peace, a court deputy registrar, or a lawyer who is not acting for you).
You can be living apart while still under the same roof. The court can accept that you were separated during that time, but it is harder to prove, so be ready to explain how your lives were separate and why sharing the house was temporary.
Trying to reconcile does not automatically restart the two years. Under section 40 of the Family Proceedings Act, you can live together again for up to three months in total and still meet the requirement, but only if reconciliation was the sole or principal motive. If you moved back in for another reason, such as money, section 40 does not help. Under section 41, having sex after separating does not, on its own, mean you stopped living apart.
Can I get a divorce before two years if there has been family violence?
Yes, if you hold a final protection order against your spouse or civil union partner. Under section 39A, you can apply to dissolve the marriage without showing any period of living apart. A registered overseas protection order also qualifies, as does a criminal court protection order under section 123B of the Sentencing Act 2002 once it is final.
The order must be final. A Family Court protection order usually starts as a temporary order and becomes final after three months if it is not challenged. The court can make the dissolution order only once any appeal rights against the protection order have been exhausted or have expired (section 39A(6)). The Ministry of Justice asks you to wait at least 20 working days after the protection order is made, or until any appeal is finished, before you file. Once those conditions are met and the children’s arrangements are dealt with, the registrar or judge must make the order. If the protection order is later discharged, the divorce still stands.
If both of you hold final protection orders against each other, you can apply jointly. The usual rules about children and relationship property still apply, including the 12-month property deadline.
If you are applying on this ground on your own, the application form lets you ask for your home address and phone numbers to be kept confidential, and you can give a different address for service. You cannot serve the papers yourself, and you may prefer to use a professional process server.
Can we apply for a divorce together, or do I apply on my own?
On the two-year ground, section 37 of the Family Proceedings Act allows either of you to apply, or both of you jointly. On the protection order ground, section 39A allows the protected person to apply, and you can apply jointly only if each of you holds a final protection order against the other. The difference is in the paperwork, and in whether your spouse has to be served.
| Joint application | One-party application | Protection order ground | |
|---|---|---|---|
| Legal basis | Section 39 | Section 39 | Section 39A |
| Two years apart needed? | Yes | Yes | No |
| Ministry of Justice pack | Pack 2 (forms FP13, FP14 and G7) | Pack 1 (forms FP11, FP12 and G7) | Pack 3 (forms FP14A, FP14B and G7) for one party, or Pack 4 (forms FP14C, FP14D and G7) for both |
| Must papers be served? | No | Yes, personally (unless the court orders otherwise), by someone other than you | Yes if one party applies, no if both apply |
| Time for the other party to respond | Not applicable | 21 days in New Zealand, 30 days in Australia, 50 days elsewhere | Same as the one-party route when one party applies |
| Who makes the order | A registrar on the papers, or a judge if you both choose to attend | A registrar on the papers if your spouse does not defend or ask to appear, otherwise a judge | A registrar on the papers if undefended (section 39A(7)), a judge if defended |
Applying jointly: nothing to serve
A joint application suits couples who both accept the marriage is over. You file one application signed and dated by both of you and an information sheet (form G7). If you agree to the order being made without a hearing, you also file one affidavit that each of you swears or affirms. You do not have to sign together. Each of you can sign before a different person at a different time, including at a New Zealand embassy or high commission, or before a notary public or other person allowed to take oaths in that country, if one of you is overseas. The affidavit must be fully completed before the first of you signs it.
Nothing needs to be served, because you are both applicants and there is no respondent. On the application you choose whether the order can be made without a hearing. Most couples do, and a registrar makes the order on the papers. If you need it to take effect sooner, for example because one of you plans to remarry, you can ask for a hearing instead, and you must both attend.
If your spouse agrees the marriage is over but will not sign the forms, you do not need their signature. You can apply on your own instead.
Applying on your own: how to serve the papers
You apply on your own if your spouse will not join the application, will not engage, or cannot be found. Your spouse becomes the respondent and must be formally served with the papers.
After you file, the court gives you the documents to serve, including a notice to the respondent. They must be handed to your spouse personally unless the court orders another method, and posting them yourself does not count as service, wherever your spouse lives. You cannot serve them yourself. Any adult can serve them, such as a friend, a family member or a process server. The papers cannot be served on a Sunday, Good Friday, Anzac Day, Matariki, Christmas Day or New Year’s Day. If your spouse refuses to take them, they can be put down in front of them and your spouse told what they are. The person who served them then swears an affidavit of service explaining how they knew it was your spouse. If they had not met before, a photograph or a handwritten acknowledgement from your spouse will usually do.
Your spouse then has 21 days to respond if served in New Zealand, 30 days if served in Australia and 50 days if served anywhere else. If the court has ordered service another way, it will set the time to respond. Your spouse can file a defence, or a request to appear. If they do neither, a registrar can make the order on the papers without their agreement. If they do either, a Family Court judge hears the application instead.
If you cannot find your spouse, you can apply on form G21 for substituted service, an order letting you bring the papers to their attention another way, such as through a family member, by social media or by a newspaper advertisement. In some cases a judge can dispense with service altogether. Either way, you must first show you have made all reasonable efforts to find and serve them. If your spouse lives overseas, the papers still need to be served on them personally unless the court orders otherwise, and they have longer to respond. A family lawyer can help in either situation.
Do I have to go to court for a divorce?
Usually not. A registrar can make the dissolution order on the papers if the application is undefended (section 38(2) for the two-year ground, section 39A(7) for the protection order ground). On the two-year ground, the applicant or both applicants must also agree to the order being made without them.
Under section 42, a registrar’s order takes effect one month after it is made. A judge’s order takes effect immediately in an undefended case, and one month after it is made in a defended case, or later if there is an appeal. On the two-year ground, if circumstances change before a registrar’s order takes effect, either of you can ask for a hearing, and the order will not take effect while that hearing is pending (sections 38(3) and 42(4)).
The court sends each of you a copy. Once the order has taken effect, you are free to remarry or enter a new civil union.
How much does a divorce cost in New Zealand, and can I apply online?
The filing fee is $247 including GST (as at October 2026), and it is the same for both grounds. In some cases you can ask the court to waive the fee, and for a joint application both of you need to complete a fee waiver form. Legal aid is not available for the divorce itself under section 7(5)(e) of the Legal Services Act 2011, though it may be available for related matters such as care of children or relationship property.
You can file and pay for your application online through the Ministry’s File and Pay tool on the courtsofnz.govt.nz site. You can also deliver the forms by hand to any Family Court or post them to the Central Registry in Wellington.
You will need an original or certified copy of your marriage or civil union certificate from Births, Deaths and Marriages. This is a different document from the one you signed on the day. If the certificate is not in English, you must also file a certified English translation.
What happens with the children?
Under section 45 of the Family Proceedings Act, the court can make a dissolution order only if it is satisfied that arrangements for the day-to-day care, maintenance and welfare of every child of the marriage under 16 are satisfactory, or are the best that can be devised. A registrar can make the order only on that basis. If arrangements are impracticable or there are special circumstances, the application goes to a judge, who has limited power to make the order anyway.
The forms ask you to describe those arrangements, including financial support. The divorce does not turn them into a court order; a parenting order is a separate application under the Care of Children Act 2004. Our post on working out day-to-day care for your children explains how those arrangements are made.
Does a divorce affect my property, my will or my name?
A divorce ends the marriage but does not divide your property. If you have not settled your property by agreement or court order, you must apply within 12 months after the dissolution order takes effect. The court can extend that time under section 24(2), even after it has run out. Leave is usually granted, but you have to apply for it, which adds cost and delay.
Your will is affected. Under section 19 of the Wills Act 2007, if a dissolution order is in force when you die, a gift to your former spouse in an earlier will, or their appointment as executor or trustee, is void unless the will makes clear you intended it to survive. The will is read as if your former spouse died before you. A court separation order has the same effect, but separating without an order does not, so update your will when you separate.
You do not have to change your name. If you took your spouse’s name, you can keep using it, or simply start using your birth name again. If you want your passport or driver licence in that name, you will need to update them.
“The divorce itself is the easy part, and the forms are designed for people to complete themselves. People worry about the 12-month deadline for a property claim, but if you miss it, the court will almost always give you leave to apply out of time. It is still better to settle the property before you file, because an application for leave is one more step you have to pay for.” Andy Bell, Partner, Lane Neave (Legal 500 Asia Pacific Recommended Lawyer)
Can we divorce in New Zealand if we married overseas?
Yes. The Family Court can dissolve a marriage or civil union entered into in another country, provided at least one of you is domiciled in New Zealand when you apply.
Domicile is not the same as residence or visa status. If you are here temporarily and intend to leave, you may not be domiciled here.
Whether another country recognises a New Zealand dissolution order depends on that country’s law. Section 44 recognises an overseas divorce in New Zealand if a connecting factor applies, such as one of you being domiciled in that country, or having lived there for two years before the proceedings. If your divorce was religious or administrative rather than by a court, get advice before relying on it.
What has changed recently?
The main change is the family violence ground in section 39A, inserted by the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 and in force since 17 October 2025. The filing fee for these applications is the same $247.
Nothing else about the two-year rule has changed. If you have read about a “new divorce law”, the wait has not been shortened for everyone.
What should you do?
- Work out your date of separation and write down the evidence for it, particularly if you stayed under the same roof for a time.
- Order a certified copy of your marriage or civil union certificate from Births, Deaths and Marriages, with a certified translation if it is not in English.
- Decide whether to apply jointly or alone, and download the correct pack from the Ministry of Justice website. Print the information sheet (form G7) on yellow paper or in colour. If you apply alone, arrange for someone other than you to serve the papers.
- Sort out your relationship property before you file, ideally with a formal agreement (each of you needs independent legal advice for it to be binding), or diarise the 12-month deadline from the date the order takes effect. Our relationship property division page explains the options.
- Review your will, enduring powers of attorney and any insurance beneficiaries as soon as you separate.
Frequently asked questions
Is New Zealand a no-fault divorce country?
Yes, in the sense that the Family Court does not inquire into why the marriage ended or who was at fault. Under section 39 the court asks whether you have lived apart for two years, and under section 39A whether you hold a final protection order against your spouse.
Can my spouse stop the divorce?
Your spouse can file a defence within the time allowed after being served, usually 21 days in New Zealand. If you have lived apart for at least two years, a defence is very unlikely to succeed, though a dispute about the separation date or the children’s arrangements can delay the order. Refusing to sign a joint application does not stop the divorce. It means you apply on your own and have the papers served.
How long does a divorce take in New Zealand?
You cannot apply until you have been apart for two years, unless the family violence ground applies. After you file, the time depends on the court’s processing and whether service is needed. A registrar’s order on the papers, the usual route, takes effect one month after it is made.
Do I need a lawyer to get a divorce in New Zealand?
No. Many people complete the Ministry of Justice forms themselves, and joint applications are designed for that. A lawyer is most useful where your spouse cannot be found, where the application is defended, or where property and children are not yet resolved.
Do I need a separation order or separation agreement before I can divorce?
No. You do not need a court order to prove you have separated. If you have a separation agreement, the forms ask you to attach a copy, but your affidavit about the date you separated is usually enough.
Thinking about a divorce, or worried about the property deadline that comes with it? Talk it through with a family lawyer. Free, no obligation, 30 minutes.
Related: separation in New Zealand: 5 legal points, relationship property division, and working out day-to-day care for your children.
Andy Bell is a Partner at Lane Neave, a relationship property and employment lawyer in Wellington with over 20 years of experience. He is a Recommended Lawyer in the Legal 500 Asia Pacific and a Recommended Employment Lawyer in Doyle’s Guide 2026.
Last updated: 24 October 2026. This article is general information about New Zealand law, not legal advice on your situation.
