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How to get divorced in NZ

A step by step guide to separating and getting divorced in NZ.

  1. 1

    Separate

    You have to be separated for 2 years before you can get divorced. You can live together for up to 3 months while you’re separated if you’re trying to work things out.

    You don’t have to do anything official when you separate, but it can be a good idea to make a separation agreement, especially if you have children or property together. It also helps to confirm the date that you separated if you do decide to divorce.

    Separating from your spouse or partner

  2. 2

    Agree how to share care of any children

    You’ll need to agree how you’ll share care of your children before you apply for a divorce. You need to try to agree this between yourselves — if you can’t, there’s a process you have to follow before you can apply to the courts to make a custody ruling or parenting order.

    Child custody

  3. 3

    Apply for a dissolution order (divorce)

    Apply to the family court for a dissolution order. You’ll have to prove that you’ve been separated for 2 years, and one of you must normally live in NZ. There’s a fee for the dissolution order.

    Applying for a divorce

Who to contact for more help

If you need more help or have questions about the information or services on this page, contact the following agency.

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