Divorce 101 - when can I file for divorce and why would I?

In New Zealand, you can file for divorce once you and your spouse have been separated for two years.

New Zealand has had a “no-fault” divorce since 1980, this means there is no requirement to prove fault of either party in order to have a divorce granted.

You can either apply to the Court jointly, which requires both you and your ex to sign some documents or solely. i.e If your ex is unlikely to sign joint documents, you can make an application by yourself. In that case, you will need to prove that your ex has formally been served with the Court documents prior to the divorce being granted. Walker Murdoch Law regularly makes these applications for clients and organises service to comply with the Court rules. Many clients are able to file their own applications.

Divorce is a separate process from relationship property division and has its own importance, while you are separated but not divorced there are legal ties to your ex, including an ability to make a claim pursuant to the Family Protection Act 1955 on a deceased estate. Therefore, it is really important you take the steps to get divorced if you want to sever that legal tie.

If you are considering filing for divorce and you have any queries, get in touch with our family law team who can advise you on the process and help you understand your rights and obligations.