Separation can be a difficult time, but in New Zealand applying for a divorce (legally called a dissolution of marriage) is generally a straightforward and non‑contentious process.
A dissolution of marriage is a separate legal process from resolving arrangements for children or dividing relationship property.
There are several things to be aware of:
- You do not need to have been married in New Zealand, provided at least one spouse is ‘domiciled’ in New Zealand (has made New Zealand home)
- You and your spouse must have been living apart for two years for the Family Court to make a dissolution order (an order dissolving your marriage, meaning you are no longer legally married)
- During this two-year period, it is okay if you have resumed living together at certain times for short periods if:
- The periods of living together totaled no more than three months; and
- The periods of living together occurred for the purpose of attempting to get back together.
- If there are children of the marriage, the Family Court will need to be satisfied that appropriate arrangements have been made for the care of the children post-separation.
- If you cannot agree on a fair division of relationship property, you need to apply separately to the Family Court to resolve this issue within twelve months of the Dissolution Order being made.
Once the two-year period of living apart has passed, you can file an application in the Family Court for a Dissolution Order:
- You can apply for dissolution on your own: Apply for a divorce on your own | New Zealand Ministry of Justice
- Or you can apply in agreement with your spouse: When you both agree to get a divorce | New Zealand Ministry of Justice
If you apply on your own, then rules apply regarding service on your spouse. We can assist you with this process.
You do not need to wait for two years to resolve your relationship property division or children’s care arrangements.
Most people begin working through these issues shortly after separation, so they are sorted well before the “two year period” has expired. If there is no dispute about when the marriage ended, most people are able to agree to file a joint application for dissolution of marriage. This is why the process is usually non-contentious.
Note that from October 2025, an exception to the two-year period of living apart rule is in force for situations of family violence.
Our experienced Family Law team is happy to assist you with any aspect of the divorce process.

