Relationship Property

When couples separate in New Zealand, one of the first legal issues to work through is how to divide what they own. This is called relationship property, and is governed by the Property (Relationships) Act 1976.

In most cases, if you’ve been in a relationship for at least three years, the law generally requires that everything you have built up together, including the family home, cars, furniture, and savings, be divided equally. That is because both partners are seen as equal contributors, whether they were earning income or caring for children at home.

However, equal sharing does not apply in every case. If the relationship was short (less than three years), if one partner is left at a clear disadvantage because of the way roles were divided, or if there are unusual circumstances that make a 50/50 split unfair, the court may decide on a different division.

Before anything can be divided, both partners need to provide full disclosure of their assets and debts. This includes things like property valuations, bank statements, and any outstanding loans or liabilities. Once everything is on the table, the total value of the relationship property is worked out, and any debts are taken into account. If the couple can’t agree on how to divide the property, the Family Court can step in and make a decision.

If you are unsure whether your situation qualifies under the Act, contact one of our experienced family lawyers for guidance.

Care of Children

When parents separate, the well-being and best interests of their children must always come first. The law encourages parents to work together and agree on parenting arrangements without involving the court. This approach helps keep things simpler, less stressful, and focused on what matters most, the children.

One helpful step is to attend a free Parenting Through Separation course. This course provides practical guidance and support to help parents navigate the challenges of separation. Alongside this, Family Dispute Resolution offers a safe and confidential space where a trained mediator can help parents talk through their differences and find common ground.

If parents reach an agreement through these processes, they can make it legally binding by applying for a consent order through the Family Court. However, if an agreement cannot be reached, or if there are urgent issues such as family violence, the court can step in and make a parenting order. If court involvement becomes necessary, our team can help you prepare your application, represent you in the proceedings, and support you every step of the way.

Parenting orders generally remain in place until the child turns 16, with the court always prioritising what is best for the child’s wellbeing and future.

Dissolution of marriage

In New Zealand, dissolving a marriage or civil union is the legal process of formally ending the relationship. This process is governed by the Family Proceedings Act 1980.

The only ground for dissolution is that the relationship has broken down irreconcilably. In most cases, this is proven by showing that the couple has lived apart for at least two years. Living apart means both physical separation and a clear intention by one or both partners not to continue the relationship. Short periods of reconciliation (up to three months) do not restart the two-year clock.

From October 2025, a new law will allow survivors of family violence who hold a final protection order to apply for immediate dissolution, without having to wait the usual two years. This is an important step forward in supporting victims of abuse.

An application for dissolution can be made by one party or jointly by both. At least one person must be living in New Zealand at the time of filing. The application must include an affidavit confirming the separation and explaining the arrangements for any dependent children under 16.

If only one person is applying, the application must be served on the other party. If this is not possible, the court may allow service by other means, such as public notice or email.

Once approved, the dissolution order takes effect one month later. After that, both parties are legally free to remarry or enter a new civil union.

If you are considering applying for a dissolution and need advice or support with the process, our team can guide you every step of the way.

Separation can be overwhelming, but you do not have to face it alone. Our experienced team is here to support and guide you through every step of the journey.

Disclaimer: The information in this article is intended for general guidance only and should not be relied on as legal advice. While we aim to provide accurate information, it is not a substitute for professional advice specific to your situation. Please consult a qualified lawyer before taking any action based on this content.