Getting a divorce may seem like it should be a relatively simple matter but when it comes to legal requirements, unfortunately, that’s not the case. In New Zealand, the legal process of getting a divorce is being granted a dissolution order by the Family Court. In order for this to happen, your relationship has to meet certain criteria.
Separate
To qualify for a dissolution order, you and your partner must have been separated for two years or more. You can live together for up to three months while you’re separated if you’re trying to work things out. There’s nothing you have to do during this separation period, however, some people’s relationship property agreements may come into play.
It can be a good idea to make a separation agreement at this stage, especially if you have children or property together and don’t have a prenuptial/relationship property agreement with terms outlining arrangements in these areas.
Agree on Child Custody
If you have children in the marriage, arrangements must be made for their day to day care and welfare. You and your partner will have to agree on how you’ll share the care of your children before you apply for a divorce. You have to try to agree on arrangements between yourselves. Children cope better with separation when they know the people who care about them are working together.
If this can’t be done, there’s an additional process you have to follow before you can apply to make a custody ruling or parenting order with the court. This includes seeing a family lawyer for mediation services for advice and assistance finding a fair arrangement that is in the best interest for the children.
Apply for a Dissolution Order
To apply for the dissolution order, you have to prove that you’ve been separated for two years and one of you is domiciled in New Zealand. You are considered to be domiciled in New Zealand if you were:
- Born in New Zealand and have not made a home in another country with the intention of living in there for an indefinite time. You could still be considered to be domiciled in New Zealand if you are living or working in another country but are not planning to stay there indefinitely.
- Born overseas but have made a home in New Zealand with the intention of living here for an indefinite time.
The fact that you were married or entered into a civil union in New Zealand is not enough on its own to allow you to apply for a divorce in New Zealand. One of you must meet the above criteria. Applying for the dissolution order involves a fee of $211.50
Contact Our Relationship Property Law Solicitors Today
If you need help managing your property and other assets at the beginning, during or at the end of a relationship, consult the experts at Carlile Dowling. If you are confused about how long after separation can you claim property, property separation in divorce or other relationship property entitlements under the Property (Relationships) Act 1976, we can help you.
Our team has provided trusted legal advice for more than 130 years regarding family law, immigration, employment law, commercial property law and more. Get in touch today by calling 06 927 8150 or contact us online.
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