Divorce (Dissolution) in New Zealand (2026 Guide)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In New Zealand, divorce is called a dissolution of marriage (or civil union). There is only one ground: that the relationship has ended, shown by the couple living apart for at least two years (Family Proceedings Act 1980). It's a no-fault process — you don't have to prove wrongdoing. You can live under the same roof during separation and still count it, and brief attempts at reconciliation (up to three months) don't reset the clock.
You apply to the Family Court on your own or jointly with your former partner. The fee is $242, and at least one of you must be domiciled in New Zealand. The order becomes final one month after it is made. Dissolution is separate from sorting out property and children — those are dealt with under their own laws.
When does it apply?
- You've been separated for at least two years and want to legally end the marriage.
- At least one of you is domiciled in New Zealand.
- You want to remarry, which requires the dissolution to be final.
What to do to apply for a dissolution
- Confirm two years' separation and gather your marriage certificate.
- File the application (single or joint) with the Family Court and pay the $242 fee.
- Sort out property and care of children separately — dissolution doesn't decide those.
- Wait one month after the order for it to become final before remarrying.
What should you NOT do?
- Don't expect dissolution to divide your property — that's the Property (Relationships) Act.
- Don't apply before two years' separation — it will be declined.
- Don't remarry before the order is final (one month after it's made).
About Family Law in New Zealand
New Zealand family matters run through the Family Court and a set of focused statutes. The Care of Children Act 2004 governs day-to-day care and contact (the modern term for "custody and access"); the Family Proceedings Act 1980 covers dissolution of marriage (divorce); the Property (Relationships) Act 1976 divides relationship property; the Family Violence Act 2018 provides protection orders; and the Child Support Act 1991 (administered by Inland Revenue) sets child support. For most parenting disputes you must try Family Dispute Resolution (FDR) mediation before going to court.
Family Court: 0800 268 787. Family violence emergency: 111; Women's Refuge: 0800 733 843.
Common Questions
What is the divorce (dissolution of marriage) right in New Zealand?
In New Zealand, divorce is called a dissolution of marriage (or civil union). There is only one ground: that the relationship has ended, shown by the couple living apart for at least two years (Family Proceedings Act 1980). It's a no-fault process — you don't have to prove wrongdoing. You can live under the same roof during separation and still count it, and brief attempts at reconciliation (up to three months) don't reset the clock.You apply to the Family Court on your own or jointly with your former partner. The fee is $242, and at least one of you must be domiciled in New Zealand. The order...
When does it apply — divorce (dissolution of marriage)?
You've been separated for at least two years and want to legally end the marriage.At least one of you is domiciled in New Zealand.You want to remarry, which requires the dissolution to be final.
How do I get a divorce in New Zealand?
Confirm two years' separation and gather your marriage certificate.File the application (single or joint) with the Family Court and pay the $242 fee.Sort out property and care of children separately — dissolution doesn't decide those.Wait one month after the order for it to become final before remarrying.
What should you NOT do — divorce (dissolution of marriage)?
Don't expect dissolution to divide your property — that's the Property (Relationships) Act.Don't apply before two years' separation — it will be declined.Don't remarry before the order is final (one month after it's made).