Many New Zealand residents who married abroad—whether as migrants or New Zealanders who returned home after marrying overseas—may wonder if they can legally end their marriage in New Zealand. We frequently assist clients in dissolving their overseas marriages.
The answer is yes, provided specific conditions are met. Either you or your spouse must consider New Zealand your permanent home at the time of your application, and you must have lived separately for at least two years. In New Zealand, the legal term for divorce is "dissolution of a marriage or civil union."
New Zealand's divorce process is often simpler than in other countries for several reasons:
- No-Fault Dissolution: New Zealand operates as a "no-fault" jurisdiction, meaning that you don’t need to provide reasons or assign blame for the dissolution. The only requirement is that the parties have been separated for at least two years, without exception.
- No Court Attendance if Both Parties Agree: If both parties agree to the dissolution, there is no need for either spouse to attend a court hearing.
- Streamlined Process: Divorce proceedings in New Zealand are straightforward and often quicker. If both parties reside in New Zealand, the order can be issued in as little as 21 days; if one party is in Australia, it takes 30 days, and for other countries, 50 days.
It’s important to remember that dissolving a marriage is separate from arranging care for children or dividing relationship property. Generally, by the time a couple applies for a divorce, it is expected that their relationship property would have already been divided.
How to Apply
To initiate a divorce, you need to file an application with the Family Court. There are two types of applications: joint and single.
- Joint Application: If both parties agree to divorce, they can file a joint application, even if one spouse resides outside New Zealand.
- Single (One-Party) Application: If only one spouse wants the divorce, they may apply individually, serving the other spouse with the application. The other party is given time to respond, depending on their location. If they agree, they simply let the Order proceed. Most single applications are unopposed, and court attendance is rarely required.
If there is opposition, the respondent can submit a Notice of Defence and an Affidavit, in which case both parties would need to attend a court hearing for a judge’s decision. Seeking legal advice in these situations is highly recommended.
Can I commence new relationship before my divorce?
While either party may begin a new relationship at any time, they must wait until the dissolution Order is finalized before remarrying or entering a new civil union.
The team at pk law has extensive experience in assisting clients with divorces and specializes in dissolution matters.
