Previously, a divorce could only be granted where there were “irreconcilable differences” and, as part of proving that the differences in the marriage were irreconcilable, parties had to show that they had been “living apart” (separated) for at least two years. It was only after that two year period that the couple could be eligible to apply for a divorce (known as a dissolution in New Zealand).
On 17 October 2025, the law changed to provide a further ground to apply for dissolution. Where a person has been a victim of family violence, there is a “fast-track” process available. That is to say, victims of family violence within a marriage are no longer required to wait the usual two-year standdown period. They can apply immediately after separation.
To be able to apply, the person applying for a dissolution needed to show:
- They were a protected person (i.e. had obtained a final protection order either through the Family Courts or the Sentencing Act (i.e. through the perpetrator’s sentencing) or had a registered foreign protection order);
- A copy of the marriage certificate or civil union certificate; and
- That at least one of the parties was living in New Zealand.
Once a marriage has been dissolved (i.e. a divorce has been granted), either party has 12 months from the date of the order to file any relationship property proceedings in the Family Court. It is important to keep this timeframe in mind if you require the Family Court’s assistance in dividing your relationship property.
If court proceedings are required – whether that be relationship property, parenting proceedings or other Family Court proceedings – new legislation has come into effect to further protect victims of family violence from a specific type of family violence – litigation abuse. Litigation abuse is broadly defined as using the court system to harass, annoy, harm or psychologically abuse the other party. Litigation abuse can be related to actions taken by one party within proceedings or outside of proceedings (where it relates to a party of a proceeding).
From 17 February 2026, the Courts now have the ability to make an order requiring the party abusing the litigation process to obtain the Court’s permission before they can take further steps (i.e. in current proceedings or in instigating new proceedings). If the Family Court grant this order, it will usually last for up to three years but in some exceptional circumstances can be extended to five years.